[Title 43 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 43

Public Lands: Interior


________________________

Part 1000 to End

                         Revised as of October 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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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                                               5
          Chapter III--Utah Reclamation Mitigation and 
          Conservation Commission                                 1167
  Finding Aids:
      Index to Chapter II.....................................    1211
      Table of CFR Titles and Chapters........................    1231
      Alphabetical List of Agencies Appearing in the CFR......    1251
      List of CFR Sections Affected...........................    1261

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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.

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

[[Page v]]



                               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 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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Code a note has been inserted to reflect the future effective date. In 
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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.

[[Page vi]]

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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
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the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
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if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
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    The Federal Register Index is issued monthly in cumulative form. 
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INQUIRIES

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    The e-CFR is a regularly updated, unofficial editorial compilation 
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available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    October 1, 2017.

                                
                                      
                            

  

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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, 2017.

    In the second volume, containing 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. An index to chapter II appears in the Finding 
Aids section of the second volume.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                    TITLE 43--PUBLIC LANDS: INTERIOR




                 (This book contains parts 1000 to end)

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

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

                                                                    Part

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

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

[[Page 3]]

      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.......................          29
              GROUP 1800--PUBLIC ADMINISTRATIVE PROCEDURES
1810            Introduction and general guidance...........          36
1820            Application procedures......................          39
1840            Appeals procedures..........................          43
1850            Hearings procedures.........................          43
1860            Conveyances, disclaimers and correction 
                    documents...............................          43
1870            Adjudication principles and procedures......          49
1880            Financial assistance, local governments.....          49
              SUBCHAPTER B--LAND RESOURCE MANAGEMENT (2000)
              GROUP 2000--LAND RESOURCE MANAGEMENT; GENERAL
2090            Special laws and rules......................          53
                        GROUP 2100--ACQUISITIONS
                          GROUP 2200--EXCHANGES
2200            Exchanges: General procedures...............          61
                         GROUP 2300--WITHDRAWALS
2300            Land withdrawals............................          77
2360            National Petroleum Reserve in Alaska........          92
2370            Restorations and revocations................          95
                     GROUP 2400--LAND CLASSIFICATION
2400            Land classification.........................          97

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2410            Criteria for all land classifications.......         100
2420            Multiple-use management classifications.....         101
2430            Disposal classifications....................         102
2440            Segregation by classification...............         104
2450            Petition-application classification system..         105
2460            Bureau initiated classification system......         107
2470            Postclassification actions..................         110
               GROUP 2500--DISPOSITION; OCCUPANCY AND USE
2520            Desert-land entries.........................         110
2530            Indian allotments...........................         126
2540            Color-of-title and omitted lands............         130
2560            Alaska occupancy and use....................         141
                     GROUP 2600--DISPOSITION; GRANTS
2610            Carey Act grants............................         164
2620            State grants................................         169
2630            Railroad grants.............................         180
2640            FAA airport grants..........................         182
2650            Alaska native selections....................         184
                     GROUP 2700--DISPOSITION; SALES
2710            Sales: Federal Land Policy and Management 
                    Act.....................................         213
2720            Conveyance of federally-owned mineral 
                    interests...............................         220
2740            Recreation and Public Purposes Act..........         224
                     GROUP 2800--USE; RIGHTS-OF-WAY
2800            Rights-of-way under the Federal Land Policy 
                    and Management Act......................         233
2810            Tramroads and logging roads.................         293
2880            Rights-of-way under the Mineral Leasing Act.         308
                   GROUP 2900--USE; LEASES AND PERMITS
2910            Leases......................................         333
2920            Leases, permits and easements...............         339
2930            Permits for recreation on public lands......         350
                SUBCHAPTER C--MINERALS MANAGEMENT (3000)
3000            Minerals management: General................         360
3100            Oil and gas leasing.........................         364
3110            Noncompetitive leases.......................         400
3120            Competitive leases..........................         405
3130            Oil and gas leasing: National Petroleum 
                    Reserve, Alaska.........................         409
3140            Leasing in special tar sand areas...........         435
3150            Onshore oil and gas geophysical exploration.         448

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3160            Onshore oil and gas operations..............         452
3170            Onshore oil and gas production..............         485
3180            Onshore oil and gas unit agreements: 
                    Unproven areas..........................         611
3190            Delegation of authority, cooperative 
                    agreements and contracts for oil and gas 
                    inspection..............................         631
3195            Helium contracts............................         639
                GROUP 3200--GEOTHERMAL RESOURCES LEASING
3200            Geothermal resource leasing.................         643
3280            Geothermal resources unit agreements........         701
                       GROUP 3400--COAL MANAGEMENT
3400            Coal management: General....................         725
3410            Exploration licenses........................         731
3420            Competitive leasing.........................         735
3430            Noncompetitive leases.......................         753
3440            Licenses to mine............................         769
3450            Management of existing leases...............         770
3460            Environment.................................         775
3470            Coal management provisions and limitations..         784
3480            Coal exploration and mining operations rules         796
3500            Leasing of solid minerals other than coal 
                    and oil shale...........................         823
3580            Special leasing areas.......................         861
3590            Solid minerals (other than coal) exploration 
                    and mining operations...................         869
                 GROUP 3600--MINERAL MATERIALS DISPOSAL
3600            Mineral materials disposal..................         878
3620            Free use of petrified wood..................         894
                    GROUP 3700--MULTIPLE USE; MINING
3710            Public Law 167; Act of July 23, 1955........         895
3720            [Reserved]

3730            Public Law 359; mining in powersite 
                    withdrawals: General....................         910
3740            Public Law 585; multiple mineral development         914
         GROUP 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
3800            Mining claims under the general mining laws.         921
3810            Lands and minerals subject to location......         964
3820            Areas subject to special mining laws........         970
3830            Locating, recording, and maintaining mining 
                    claims or sites; general provisions.....         974

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3831

Mineral lands available for locating mining claims or sites [Reserved]

3832            Locating mining claims or sites.............         983
3833            Recording mining claims and sites...........         988
3834            Required fees for mining claims or sites....         990
3835            Waivers from annual maintenance fees........         992
3836            Annual assessment work requirements for 
                    mining claims...........................         997
3837            Acquiring a delinquent co-claimant's 
                    interests in a mining claim or site.....        1000
3838            Special procedures for locating and 
                    recording mining claims and tunnel sites 
                    on Stockraising Homestead Act (SRHA) 
                    lands...................................        1002
3839

Special laws, in addition to FLPMA, that require recording or notice 
[Reserved]

3860            Mineral patent applications.................        1005
3870            Adverse claims, protests and conflicts......        1016
3900            Oil shale management--general...............        1020
3910            Oil shale exploration licenses..............        1031
3920            Oil shale leasing...........................        1033
3930            Management of oil shale exploration and 
                    leases..................................        1039
                  SUBCHAPTER D--RANGE MANAGEMENT (4000)
                   GROUP 4100--GRAZING ADMINISTRATION
4100            Grazing administration--exclusive of Alaska.        1053
          GROUP 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
4200            Grazing administration; Alaska; livestock...        1082
      GROUP 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL
4300            Grazing administration; Alaska; reindeer; 
                    general.................................        1083
                           GROUP 4600--LEASES
4600            Leases of grazing land--Pierce Act..........        1087
        GROUP 4700--WILD FREE-ROAMING HORSE AND BURRO MANAGEMENT
4700            Protection, management, and control of wild 
                    free-roaming horses and burros..........        1090
                 SUBCHAPTER E--FOREST MANAGEMENT (5000)
                  GROUP 5000--FOREST MANAGEMENT GENERAL
5000            Administration of forest management 
                    decisions...............................        1099

[[Page 9]]

5040            Sustained-yield forest units................        1100
                  GROUP 5400--SALES OF FOREST PRODUCTS
5400            Sales of forest products; general...........        1101
5410            Annual timber sale plan.....................        1104
5420            Preparation for sale........................        1105
5430            Advertisement...............................        1106
5440            Conduct of sales............................        1107
5450            Award of contract...........................        1109
5460            Sales administration........................        1111
5470            Contract modification--extension--assignment        1115
                      GROUP 5500--NONSALE DISPOSALS
5500            Nonsale disposals; general..................        1116
5510            Free use of timber..........................        1117
           SUBCHAPTER F--PRESERVATION AND CONSERVATION (6000)
6300            Management of designated wilderness areas...        1124
                     SUBCHAPTER G (7000) [RESERVED]
                SUBCHAPTER H--RECREATION PROGRAMS (8000)
           GROUP 8100--CULTURAL RESOURCE MANAGEMENT [RESERVED]
             GROUP 8200--NATURAL HISTORY RESOURCE MANAGEMENT
8200            Procedures..................................        1132
8340            Off-road vehicles...........................        1134
8350            Management areas............................        1138
8360            Visitor services............................        1139
      GROUP 8600--ENVIRONMENTAL EDUCATION AND PROTECTION [RESERVED]
                 SUBCHAPTER I--TECHNICAL SERVICES (9000)
                         GROUP 9100--ENGINEERING
9180            Cadastral survey............................        1145
                         GROUP 9200--PROTECTION
9210            Fire management.............................        1150
9230            Trespass....................................        1152
9260            Law enforcement--criminal...................        1157
9261-9999       [Reserved]

[[Page 11]]



                 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 framework.
1610.1-1  Guidance and general requirements.
1610.1-2  Plan components.
1610.2  Public involvement.
1610.2-1  Public notice.
1610.2-2  Public comment periods.
1610.2-3  Availability of the resource management plan.
1610.3  Consultation with Indian tribes and coordination with other 
          Federal agencies, State and local governments, and Indian 
          tribes.
1610.3-1  Consultation with Indian tribes.
1610.3-2  Coordination of planning efforts.
1610.3-3  Consistency requirements.
1610.4  Planning  assessment.
1610.5  Preparation of a resource management plan.
1610.5-1  Identification of planning issues.
1610.5-2  Formulation of resource management alternatives.
1610.5-3  Estimation of effects of alternatives.
1610.5-4  Preparation of the draft resource management plan and 
          selection of preferred alternatives.
1610.5-5  Selection of the proposed resource management plan.
1610.6  Resource management plan approval, implementation, and 
          modification.
1610.6-1  Resource management plan approval and implementation.
1610.6-2  Protest procedures.
1610.6-3  Conformity and implementation.
1610.6-4  Monitoring and evaluation.
1610.6-5  Maintenance.
1610.6-6  Amendment.
1610.6-7  Revision.
1610.6-8  Situations where action can be taken based on another agency's 
          planning documents.
1610.7  Management decision review by Congress.
1610.8  Designation of areas.
1610.8-1  Designation of areas unsuitable for surface mining.
1610.8-2  Designation of areas of critical environmental concern.
1610.9  Transition period.

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

    Source: 81 FR 89661, Dec. 12, 2016, unless otherwise noted.



                          Subpart 1601_Planning



Sec. 1601.0-1  Purpose.

    The purpose of this part is to establish in regulations a process 
for the development, approval, maintenance, and amendment of resource 
management plans, and the use of existing plans for public lands 
administered by the Bureau of Land Management (BLM), consistent with the 
principles of multiple use and sustained yield, unless otherwise 
specified by law.



Sec. 1601.0-2  Objective.

    The objective of resource management planning by the BLM is to 
manage public lands on the basis of multiple use and sustained yield, 
unless otherwise specified by law, provide for meaningful public 
involvement by the public, State and local governments, Indian tribes 
and Federal agencies in the preparation and amendment of resource 
management plans, and ensure that the public lands be managed in a 
manner that will protect the quality of scientific, scenic, historical, 
ecological, environmental, air and atmospheric, water resource, and 
archeological values; that, where appropriate, will preserve and protect 
certain public lands in their natural condition; that will provide food 
and habitat for fish and wildlife and domestic animals; that will 
provide for outdoor recreation and human occupancy and use, and which 
recognizes the Nation's need for renewable and non-renewable resources 
including, but not limited to, domestic

[[Page 12]]

sources of minerals, food, timber, and fiber from the public lands.



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) (FLPMA); 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) The Secretary and the Director provide national level policy and 
procedure guidance for planning. The Director determines the deciding 
official and the planning area for the preparation of resource 
management plans and plan amendments that cross State boundaries. For 
other resource management plans or plan amendments, the deciding 
official shall be the BLM State Director, unless otherwise determined by 
the Director.
    (b) Deciding officials provide quality control and supervisory 
review, including approval, for the preparation and amendment of 
resource management plans and related environmental impact statements or 
environmental assessments. The deciding official determines the 
responsible official for the preparation of each resource management 
plan or plan amendment. The deciding official also determines the 
planning area for resource management plans and plan amendments that do 
not cross State boundaries.
    (c) Responsible officials prepare resource management plans and plan 
amendments and related environmental impact statements or environmental 
assessments.



Sec. 1601.0-5  Definitions.

    As used in this part, the term:
    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.
    Conformity or conformance means that a resource management action 
shall be clearly consistent with the plan components of the approved 
resource management plan (see Sec. 1610.6-3).
    Consistent with officially approved and adopted plans means that 
resource management plans are compatible with the terms, conditions, and 
decisions of officially approved and adopted plans of other Federal 
agencies, State and local governments, and Indian tribes, to the maximum 
extent the BLM finds consistent with the purposes of FLPMA and other 
Federal law and regulations applicable to public lands, and the 
purposes, policies and programs implementing such laws and regulations, 
and subject to the qualifications in Sec. 1610.3-3.
    Cooperating agency means an eligible governmental entity (see 43 CFR 
46.225(a)) that has entered into an agreement with the BLM to 
participate in the development of an environmental impact statement or 
environmental assessment as a cooperating agency under the National 
Environmental Policy Act and in the planning process as described in 
Sec. 1610.3-2 of this part. The BLM and the cooperating agency will work 
together under the terms of the agreement.
    Deciding official means the BLM official who is delegated the 
authority to approve a resource management plan or plan amendment (see 
Sec. 1601.0-4).
    High quality information means any representation of knowledge such 
as facts or data, including the best available scientific information, 
which is accurate, reliable, and unbiased, is not compromised through 
corruption or falsification, and is useful to its intended users.
    Indian tribe means an Indian tribe under section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
    Landscape means an area of land encompassing an interacting mosaic 
of

[[Page 13]]

ecosystems and human systems characterized by a set of common management 
concerns. The landscape is not defined by the size of the area, but 
rather by the interacting elements that are relevant and meaningful in a 
management context.
    Mitigation means the sequence of avoiding impacts, minimizing 
impacts, and compensating for remaining unavoidable impacts.
    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.
    Officially approved and adopted plans means resource-related plans 
prepared and approved by other Federal agencies, State and local 
governments, and Indian tribes pursuant to and in accordance with 
authorization provided by Federal, State, tribal, or local 
constitutions, legislation, or charters which have the force and effect 
of law.
    Plan amendment means an amendment to an approved resource management 
plan or management framework plan to change one or more plan components 
(see Sec. 1610.6-6).
    Plan components means the elements of a resource management plan 
with which future management actions shall be consistent. Plan 
components consist of goals; objectives; designations; resource use 
determinations; monitoring and evaluation standards; and lands 
identified as available for disposal, including sales under section 203 
of FLPMA, as applicable (see Sec. 1610.1-2).
    Plan maintenance means change(s) to an approved resource management 
plan to correct typographical or mapping errors or to reflect minor 
changes in mapping or data (see Sec. 1610.6-5).
    Plan revision means a revision of an approved resource management 
plan that affects the entire resource management plan or major portions 
of the resource management plan (see Sec. 1610.6-7). Preparation or 
development of a resource management plan includes plan revisions.
    Planning area means the geographic area for the preparation or 
amendment of a resource management plan.
    Planning assessment means an evaluation of relevant resource, 
environmental, ecological, social, and economic conditions in the 
planning area (see Sec. 1610.4). A planning assessment is developed to 
inform the preparation and, as appropriate, the implementation of a 
resource management plan.
    Planning issue means disputes, controversies, or opportunities 
related to resource management.
    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 Federal, State, local, and Indian 
tribal governments.
    Public involvement means the opportunity for participation by the 
public in decision making and planning with respect to the public lands.
    Public lands means any lands or interest in lands owned by the 
United States and administered by the Secretary of the Interior through 
the BLM. Public lands do not include lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts, and 
Eskimos.
    Resource management plan means a land use plan as described under 
section 202 of the FLPMA, including plan

[[Page 14]]

revisions. Approval of a resource management plan is not a final 
implementation decision on actions which require further specific plans, 
process steps, or decisions under specific provisions of law and 
regulations.
    Responsible official means a BLM official who is delegated the 
authority to prepare a resource management plan or plan amendment.
    State and local government means the State, any political 
subdivision of the State, and any general purpose unit of local 
government with resource planning, resource management, zoning, or land 
use regulatory authority.
    Sustained yield means the achievement and maintenance in perpetuity 
of a high-level annual or regular periodic output of the various 
renewable resources of the public lands consistent with multiple use.



Sec. 1601.0-6  Environmental impact statement policy.

    The BLM shall prepare an environmental impact statement when 
preparing a resource management plan. The environmental analysis of 
alternatives and the proposed resource management plan shall be 
accomplished as part of the resource management planning process and, 
wherever possible, the proposed resource management plan shall be 
published in a single document with the related environmental impact 
statement.



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 shall provide for public involvement and shall 
be consistent with the principles described in section 202 of FLPMA. 
Additionally, the BLM shall consider the impacts of resource management 
plans on resource, environmental, ecological, social, and economic 
conditions at relevant scales. The BLM also shall consider the impacts 
of resource management plans on, and the uses of, adjacent or nearby 
Federal and non-Federal lands, and non-public land surface over 
federally-owned mineral interests.



                Subpart 1610_Resource Management Planning



Sec. 1610.1  Resource management planning framework.



Sec. 1610.1-1  Guidance and general requirements.

    (a) Guidance for preparation and amendment of resource management 
plans may be provided by the Director and deciding official, as needed, 
to help the responsible official prepare a specific resource management 
plan. Such guidance may include the following:
    (1) Policy established by the President, Secretary, Director, or 
deciding official approved documents, so long as such policy complies 
with the Federal laws and regulations applicable to public lands; and
    (2) Analysis requirements, planning procedures, and other written 
information and instructions required to be considered in the planning 
process.
    (b) The BLM shall use a systematic interdisciplinary approach in the 
preparation and amendment of resource management plans to achieve 
integrated consideration of physical, biological, ecological, social, 
economic, and other sciences. The expertise of the preparers shall be 
appropriate to the resource values involved, the issues identified 
during the issue identification and environmental impact statement 
scoping stage of the planning process, and the principles of multiple 
use and sustained yield unless otherwise specified by law. The 
responsible official may use any necessary combination of BLM staff, 
consultants, contractors, other governmental personnel, and advisors to 
achieve an interdisciplinary approach.
    (c) The BLM shall use high quality information to inform the 
preparation, amendment, and maintenance of resource management plans.



Sec. 1610.1-2  Plan components.

    (a) Plan components guide future management actions within the 
planning area. Resource management plans

[[Page 15]]

shall include the following plan components:
    (1) Goals. A goal is a broad statement of desired outcomes 
addressing resource, environmental, ecological, social, or economic 
characteristics within the planning area, or a portion of the planning 
area, toward which management of the land and resources should be 
directed.
    (2) Objectives. An objective is a concise statement of desired 
resource conditions within the planning area, or a portion of the 
planning area, developed to guide progress toward one or more goals. An 
objective is specific, measurable, and should have established time-
frames for achievement. As appropriate, objectives should also:
    (i) Identify standards to mitigate undesirable impacts to resource 
conditions;
    (ii) Provide integrated consideration of resource, environmental, 
ecological, social, and economic factors; and
    (iii) Identify indicators for evaluating progress toward achievement 
of the objective.
    (b) Resource management plans also shall include the following plan 
components in order to achieve the goals and objectives of the resource 
management plan, or applicable legal requirements or policies, 
consistent with the principles of multiple use and sustained yield 
unless otherwise specified by law:
    (1) Designations. A designation identifies areas of public land 
where management is directed toward one or more priority resource values 
or resource uses.
    (i) Planning designations are identified through the BLM's land use 
planning process in order to achieve the goals and objectives of the 
resource management plan or applicable legal requirements or policies 
such as the designation of areas of critical environmental concern 
(ACEC) (see Sec. 1610.8-2).
    (ii) Non-discretionary designations are designated by the President, 
Congress, or the Secretary of the Interior pursuant to other legal 
authorities.
    (2) Resource use determinations. A resource use determination 
identifies areas of public lands or mineral estate where, subject to 
valid existing rights, specific uses are excluded, restricted, or 
allowed, in order to achieve the goals and objectives of the resource 
management plan or applicable legal requirements or policies. Resource 
use determinations shall be consistent with or support the management 
priorities identified through designations.
    (3) Monitoring and evaluation standards. Monitoring and evaluation 
standards identify indicators and intervals for monitoring and 
evaluation to determine whether the resource management plan objectives 
are being met or there is relevant new information that may warrant 
amendment or revision of the resource management plan.
    (4) Lands identified as available for disposal from BLM 
administration, including sales under section 203 of FLPMA, as 
applicable.
    (c) A plan component may only be changed through a resource 
management plan amendment or revision, except to correct typographical 
or mapping errors or to reflect minor changes in mapping or data (see 
Sec. 1610.6-5).



Sec. 1610.2  Public involvement.

    (a) The BLM shall provide the public with opportunities to become 
meaningfully involved in and comment on the preparation and amendment of 
resource management plans. Public involvement in the resource management 
planning process shall conform to the requirements of the National 
Environmental Policy Act and associated implementing regulations.
    (b) Public involvement activities conducted by the BLM shall be 
documented either by a record or by a summary of the principal issues 
discussed and comments made. The record or summary of the principal 
issues discussed and comments made shall be available to the public and 
open for 30 days to any participant who wishes to review the record or 
summary.
    (c) Before the close of each fiscal year, the BLM shall post the 
status of each resource management plan in process of preparation or 
scheduled to be started to the BLM's Web site.



Sec. 1610.2-1  Public notice.

    (a) When the BLM prepares a resource management plan or amends a 
resource management plan and prepares an environmental impact statement 
to inform the amendment, the

[[Page 16]]

BLM shall notify the public and provide opportunities for public 
involvement appropriate to the areas and people involved during the 
following points in the planning process:
    (1) Preparation of the planning assessment (subject to Sec. 1610.4);
    (2) Identification of planning issues and review of the preliminary 
statement of purpose and need (see Sec. 1610.5-1);
    (3) Review of the preliminary resource management alternatives, 
preliminary rationale for alternatives, and the basis for analysis 
(subject to Secs. 1610.5-2(c) and 1610.5-3(a)(1));
    (4) Comment on the draft resource management plan (see Sec. 1610.5-
4); and
    (5) Protest of the proposed resource management plan (see 
Secs. 1610.5-5 and 1610.6-2).
    (b) When the BLM amends a resource management plan and prepares an 
environmental assessment to inform the amendment, the BLM shall notify 
the public and provide opportunities for public involvement appropriate 
to the areas and people involved during the following points in the 
planning process:
    (1) Identification of planning issues (see Sec. 1610.6-6(a));
    (2) Comment on the draft resource management plan amendment, as 
appropriate (see Sec. 1610.6-6(a)); and
    (3) Protest of the proposed resource management plan amendment (see 
Secs. 1610.5-5 and 1610.6-2).
    (c) The BLM shall announce opportunities for public involvement by 
posting a notice on the BLM's Web site, at all BLM offices within the 
planning area, and at other public locations, as appropriate. The 
responsible official shall identify additional forms of notification to 
reach local communities located within the planning area, as 
appropriate.
    (d) Individuals or groups may request to be notified of 
opportunities for public involvement related to the preparation or 
amendment of a resource management plan. The BLM shall notify those 
individuals or groups through written or electronic means.
    (e) The BLM shall notify the public at least 15 days before any 
public involvement activities where the public is invited to attend, 
such as a public meeting.
    (f) When initiating the identification of planning issues for the 
preparation of a resource management plan or plan amendment, in addition 
to the public notification requirements of Secs. 1610.2-1(c) and 1610.2-
1(d), the BLM shall notify the public as follows:
    (1) The BLM shall publish a notice in appropriate media, including 
newspapers of general circulation in the planning area. The BLM shall 
also publish a notice of intent in the Federal Register. This notice may 
also constitute the scoping notice required by regulations implementing 
the National Environmental Policy Act (40 CFR 1501.7).
    (2) This notice shall include the following:
    (i) Description of the proposed planning action;
    (ii) Identification of the planning area for which the resource 
management plan is to be prepared;
    (iii) The general types of issues anticipated;
    (iv) The expertise to be represented and used to prepare the 
resource management plan, in order to achieve an interdisciplinary 
approach (see Sec. 1610.1-1(b));
    (v) The kind and extent of public involvement opportunities to be 
provided, as known at the time;
    (vi) The times, dates, and locations scheduled or anticipated for 
any public meetings, hearings, conferences, or other gatherings, as 
known at the time;
    (vii) The name, title, address, and telephone number of the BLM 
official who may be contacted for further information; and
    (viii) The location and availability of documents relevant to the 
planning process.
    (g) If, after publication of a proposed resource management plan or 
plan amendment, the BLM intends to select an alternative that is 
encompassed by the range of alternatives in the final environmental 
impact statement or environmental assessment, but is substantially 
different than the proposed resource management plan or plan amendment, 
the BLM shall notify the public and request written comments

[[Page 17]]

on the change before the resource management plan or plan amendment is 
approved (see Sec. 1610.6-1(b)).
    (h) The BLM shall notify the public when a resource management plan 
or plan amendment has been approved.
    (i) When changes are made to an approved resource management plan 
through plan maintenance, the BLM shall notify the public and make the 
changes available for public review at least 30 days prior to their 
implementation.



Sec. 1610.2-2  Public comment periods.

    (a) Any time the BLM requests written comments during the 
preparation or amendment of a resource management plan, the BLM shall 
notify the public and provide for at least 30 calendar days for 
response, unless a longer period is required by law or regulation.
    (b) When requesting written comments on a draft plan amendment and 
an environmental impact statement is prepared to inform the amendment, 
the BLM shall provide at least 60 calendar days for response. The 60-day 
period begins when the Environmental Protection Agency publishes a 
notice of availability of the draft environmental impact statement in 
the Federal Register.
    (c) When requesting written comments on a draft resource management 
plan and draft environmental impact statement, the BLM shall provide at 
least 100 calendar days for response. The 100-day period begins when the 
Environmental Protection Agency publishes a notice of availability of 
the draft environmental impact statement in the Federal Register.
    (d) When a draft resource management plan or plan amendment involves 
possible designation of one or more potential ACECs, the BLM shall 
request written comments on the designations under consideration (see 
Sec. 1610.8-2).



Sec. 1610.2-3  Availability of the resource management plan.

    (a) The BLM shall make copies of the draft, proposed, and approved 
resource management plan or plan amendment reasonably available to the 
public. At a minimum, the BLM shall make copies of these documents 
available electronically and at all BLM offices within the planning 
area. The BLM shall also make any scientific or technical reports the 
responsible official uses in the preparation of a resource management 
plan or plan amendment reasonably available to the public, to the extent 
practical and consistent with Federal law.
    (b) Upon request, the BLM shall make single printed copies of the 
draft or proposed resource management plan or plan amendment available 
to individual members of the public during the public involvement 
process. After the BLM approves a resource management plan or plan 
amendment, the BLM may charge a fee for additional printed copies. Fees 
for reproducing requested documents beyond those used as part of the 
public involvement activities and other than single printed copies of 
the resource management plan or plan amendment may be charged according 
to the Department of the Interior schedule for Freedom of Information 
Act requests in 43 CFR part 2.



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



Sec. 1610.3-1  Consultation with Indian tribes.

    The BLM shall initiate consultation with Indian tribes on a 
government-to-government basis during the preparation and amendment of 
resource management plans.



Sec. 1610.3-2  Coordination of planning efforts.

    (a) Objectives of coordination. In addition to the public 
involvement prescribed by Sec. 1610.2, and to the extent consistent with 
Federal laws and regulations applicable to public lands, coordination is 
to be accomplished with other Federal agencies, State and local 
governments, and Indian tribes. The objectives of this coordination are 
for the BLM to:
    (1) Keep apprised of the plans, policies, and management programs of 
other Federal agencies, State and local governments, and Indian tribes;
    (2) Assure that the BLM considers those plans, policies, and 
management

[[Page 18]]

programs that are germane in the development of resource management 
plans for public lands;
    (3) Assist in resolving, to the extent practical, inconsistencies 
between Federal and non-Federal government plans;
    (4) 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 notice of final decisions that may have a 
significant impact on non-Federal lands; and
    (5) Where possible and appropriate, develop resource management 
plans collaboratively with cooperating agencies.
    (b) Cooperating agencies. When preparing a resource management plan, 
the responsible official shall follow applicable regulations regarding 
the invitation of eligible governmental entities (see 43 CFR 46.225) to 
participate as cooperating agencies. The same requirement applies when 
the BLM amends a resource management plan and prepares an environmental 
impact statement to inform the amendment.
    (1) The responsible official shall consider any request by an 
eligible governmental entity to participate as a cooperating agency. If 
the responsible official denies a request or determines it is 
inappropriate to extend an invitation to an eligible governmental 
entity, he or she shall inform the deciding official of the denial. The 
deciding official shall determine if the denial is appropriate and state 
the reasons for any denials in the environmental impact statement.
    (2) When a cooperating agency is a non-Federal agency, a memorandum 
of understanding shall be used and shall include a commitment to 
maintain the confidentiality of documents and deliberations during the 
period prior to the public release by the BLM of any documents, 
including drafts (see 43 CFR 46.225(d)).
    (3) The responsible official shall collaborate, to the fullest 
extent possible, with all cooperating agencies concerning those issues 
relating to their jurisdiction and special expertise, during the 
following steps in the planning process:
    (i) Preparation of the planning assessment (see Sec. 1610.4);
    (ii) Identification of planning issues (see Sec. 1610.5-1);
    (iii) Formulation of resource management alternatives (see 
Sec. 1610.5-2);
    (iv) Estimation of effects of alternatives (see Sec. 1610.5-3);
    (v) Preparation of the draft resource management plan (see 
Sec. 1610.5-4); and
    (vi) Preparation of the proposed resource management plan (see 
Sec. 1610.5-5).
    (c) Coordination requirements. The BLM shall provide Federal 
agencies, State and local governments, and Indian tribes opportunity for 
review, advice, and suggestions on issues and topics which may affect or 
influence other agency or other government programs.
    (1) To facilitate coordination with State governments, deciding 
officials should seek the input of the Governor(s) on the timing, scope, 
and coordination of resource management planning; definition of planning 
areas; scheduling of public involvement activities; and multiple use and 
sustained yield on public lands.
    (2) Deciding officials 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 deciding official 
shall provide opportunity for Governor and State agency review, advice, 
and suggestions on issues and topics that the deciding official has 
reason to believe could affect or influence State government programs.
    (3) The responsible official shall notify Federal agencies, State 
and local governments, and Indian tribes that have requested to be 
notified or that the responsible official has reason to believe would be 
interested in the resource management plan or plan amendment of any 
opportunities for public involvement in the preparation or amendment of 
a resource management plan. These notices shall be issued simultaneously 
with the public

[[Page 19]]

notices required under Sec. 1610.2-1 of this part.
    (4) The responsible official shall notify relevant State agencies 
consistent with State procedures for coordination of Federal activities 
for circulation among State agencies, if such procedures exist.
    (5) The responsible official shall provide Federal agencies, State 
and local governments, and Indian tribes the time period prescribed 
under Sec. 1610.2 of this part for review and comment on resource 
management plans and plan amendments.
    (d) Resource advisory councils. When an advisory council has been 
formed under section 309 of FLPMA for the area addressed in a resource 
management plan or plan amendment, the responsible official shall inform 
that council, seek its views, and consider them throughout the planning 
process.



Sec. 1610.3-3  Consistency requirements.

    (a) Resource management plans shall be consistent with officially 
approved and adopted plans of other Federal agencies, State and local 
governments, and Indian tribes to the maximum extent the BLM finds 
consistent with the purposes of FLPMA and other Federal laws and 
regulations applicable to public lands, and the purposes, policies and 
programs implementing such laws and regulations.
    (1) The BLM shall, to the extent practical, keep apprised of 
officially approved and adopted plans of other Federal agencies, State 
and local governments, and Indian tribes and give consideration to those 
plans that are germane in the development of resource management plans.
    (2) The BLM is not required to address the consistency requirements 
of this section if the responsible official has not been notified, in 
writing, by Federal agencies, State and local governments, or Indian 
tribes of an apparent inconsistency.
    (3) If a Federal agency, State and local government, or Indian tribe 
notifies the responsible official, in writing, of what they believe to 
be specific inconsistencies between the BLM draft resource management 
plan and their officially approved and adopted plans, the proposed 
resource management plan shall show how those inconsistencies were 
addressed and, if possible, resolved.
    (4) Where the officially approved and adopted plans of State and 
local governments differ from each other, those of the higher authority 
will normally be followed.
    (b) Governor's consistency review. Prior to the approval of a 
proposed resource management plan or plan amendment, the deciding 
official shall submit to the Governor of the State(s) involved, the 
proposed resource management plan or plan amendment and shall identify 
any relevant known inconsistencies with the officially approved and 
adopted plans of State and local governments.
    (1) The Governor(s) may submit a written document to the deciding 
official within 60 days after receiving the proposed resource management 
plan or plan amendment that:
    (i) Identifies inconsistencies with officially approved and adopted 
land use plans of State and local governments and provides 
recommendations to remedy the identified inconsistencies; or
    (ii) Waives or reduces the 60-day period.
    (2) If the Governor(s) does not respond within the 60-day period, 
the resource management plan or plan amendment is presumed to be 
consistent.
    (3) If the document submitted by the Governor(s) recommends 
substantive changes that were not considered during the public 
involvement process, the BLM shall notify the public and request written 
comments on these changes.
    (4) The deciding official shall notify the Governor(s) in writing of 
his or her decision regarding these recommendations and the reasons for 
this decision.
    (i) The Governor(s) may submit a written appeal to the Director 
within 30 days after receiving the deciding official's decision.
    (ii) The Director shall consider the Governor(s)' appeal and the 
consistency requirements of this section in rendering a final decision. 
The Director shall notify the Governor(s) in writing of his or her 
decision regarding the Governor's appeal. The BLM shall notify the 
public of this decision and

[[Page 20]]

make the written decision available to the public.



Sec. 1610.4  Planning assessment.

    Before initiating the preparation of a resource management plan the 
BLM shall, consistent with the nature, scope, scale, and timing of the 
planning effort, complete a planning assessment.
    (a) Planning area. The BLM shall identify a preliminary planning 
area for use as the basis for the planning assessment.
    (1) In identifying the preliminary planning area, the BLM shall 
consider the following:
    (i) Management concerns identified through monitoring and evaluation 
(see Sec. 1610.6-4);
    (ii) Relevant landscapes based on these management concerns;
    (iii) Director and deciding official guidance;
    (iv) Officially approved and adopted plans of other Federal 
agencies, State and local governments, and Indian tribes; and
    (v) Other relevant information, as appropriate.
    (2) The responsible official shall make a description of and a 
rationale for the preliminary planning area available for public review 
prior to the publication of the notice of intent in the Federal Register 
(see Sec. 1610.2-1(f)).
    (b) Information gathering. The responsible official shall:
    (1) Arrange for relevant resource, environmental, ecological, 
social, economic, and institutional data and information to be gathered, 
or assembled if already available, including the identification of 
potential ACECs (see Sec. 1610.8-2). To the extent consistent with the 
laws governing the administration of the public lands and as 
appropriate, inventory data and information shall be gathered or 
assembled in coordination with the land use planning and management 
programs of other Federal agencies, State and local governments, and 
Indian tribes within which the lands are located, and in a manner that 
aids the planning process and avoids unnecessary data-gathering;
    (2) Identify relevant national, regional, State, tribal, or local 
laws, regulations, policies, guidance, strategies, or plans for 
consideration in the planning assessment. These may include, but are not 
limited to, Executive or Secretarial orders, Departmental or BLM policy, 
Director or deciding official guidance, mitigation strategies, 
interagency initiatives, and State, multi-state, tribal, or local 
resource plans;
    (3) Provide opportunities for other Federal agencies, State and 
local governments, Indian tribes, and the public to provide existing 
data and information or suggest other laws, regulations, policies, 
guidance, strategies, or plans described under paragraph (b)(2) of this 
section, for the BLM's consideration in the planning assessment; and
    (4) Identify relevant public views concerning resource, 
environmental, ecological, social, or economic conditions of the 
planning area.
    (c) Information quality. The responsible official shall evaluate the 
data and information gathered under paragraph (b) of this section to 
ensure the use of high quality information in the planning assessment 
and to identify any data gaps or further information needs.
    (d) Assessment. The responsible official shall assess the resource, 
environmental, ecological, social, and economic conditions of the 
planning area. At a minimum, the responsible official shall consider and 
document the following factors in this assessment when they are 
applicable:
    (1) Resource use and management authorized by FLPMA and other 
relevant authorities;
    (2) Land status and ownership, existing resource management, 
infrastructure, and access patterns in the planning area, including any 
known valid existing rights;
    (3) Current resource, environmental, ecological, social, and 
economic conditions, and any known trends related to these conditions;
    (4) Known resource constraints, or limitations;
    (5) Areas of potential importance within the planning area, 
including:
    (i) Areas of tribal, traditional, or cultural importance;
    (ii) Habitat for special status species, including State or 
federally-listed threatened and endangered species;

[[Page 21]]

    (iii) Other areas of key fish and wildlife habitat such as big game 
wintering and summer areas, bird nesting and feeding areas, habitat 
connectivity or wildlife migration corridors, and areas of large and 
intact habitat;
    (iv) Areas of ecological importance, such as areas that increase the 
ability of terrestrial and aquatic ecosystems within the planning area 
to adapt to, resist, or recover from change;
    (v) Lands with wilderness characteristics, wild and scenic study 
rivers, or areas of significant scientific or scenic value;
    (vi) Areas of significant historical value, including 
paleontological sites;
    (vii) Existing designations located in the planning area, such as 
wilderness, wilderness study areas, wild and scenic rivers, national 
scenic or historic trails, or ACECs;
    (viii) Areas with potential for renewable or non-renewable energy 
development or energy transmission;
    (ix) Areas with known mineral potential;
    (x) Areas with known potential for producing forest products, 
including timber;
    (xi) Areas of importance for recreation activities or access;
    (xii) Areas of importance for public health and safety, such as 
abandoned mine lands or natural hazards;
    (6) Dominant ecological processes, disturbance regimes, and 
stressors, such as drought, wildland fire, invasive species, and climate 
change; and
    (7) The various goods, services, and uses that people obtain from 
the planning area, such as ecological services, domestic livestock 
grazing, fish and wildlife development and utilization, mineral 
exploration and production, rights-of-way, outdoor recreation, and 
timber production; and
    (i) The degree of local, regional, national, or international 
importance of these goods, services, and uses;
    (ii) Available forecasts and analyses related to the supply and 
demand for these goods, services, and uses; and
    (iii) The estimated levels of these goods, services, and uses that 
may be produced on a sustained yield basis.
    (e) Planning assessment report. The responsible official shall 
document the planning assessment in a report made available for public 
review prior to the publication of the notice of intent, which includes 
the identification and rationale for potential ACECs. To the extent 
practical, any non-sensitive geospatial information used in the planning 
assessment should be made available to the public on the BLM's Web site.
    (f) Plan amendments. Before initiating the preparation of a plan 
amendment for which an environmental impact statement will be prepared, 
the BLM shall complete a planning assessment consistent with the 
requirements of this section for the geographic area being considered 
for amendment. The deciding official may waive this requirement for 
project-specific or other minor amendments.



Sec. 1610.5  Preparation of a resource management plan.

    When preparing a resource management plan, or a plan amendment for 
which an environmental impact statement will be prepared, the BLM shall 
follow the process described in Secs. 1610.5-1 through 1610.5-5.



Sec. 1610.5-1  Identification of planning issues.

    (a) The responsible official shall prepare a preliminary statement 
of purpose and need, which briefly indicates the underlying purpose and 
need to which the BLM is responding (see 43 CFR 46.420). This statement 
shall be informed by Director and deciding official guidance (see 
Sec. 1610.1-1(a)), public views (see Sec. 1610.4(a)(4)), the planning 
assessment (see Sec. 1610.4(c)), the results of any previous monitoring 
and evaluation within the planning area (see Sec. 1610.6-4), Federal 
laws and regulations applicable to public lands, and the purposes, 
policies, and programs implementing such laws and regulations. The BLM 
shall initiate the identification of planning issues by notifying the 
public and making the preliminary statement of purpose and need 
available for public review.
    (b) The public, other Federal agencies, State and local governments, 
and Indian tribes shall be given an opportunity to suggest concerns, 
needs, opportunities, conflicts, or constraints related to resource 
management for

[[Page 22]]

consideration in the preparation of the resource management plan, 
including those respecting officially approved and adopted plans of 
other Federal agencies, State and local governments, and Indian tribes. 
The responsible official shall analyze those suggestions and other 
available data and information, such as the planning assessment (see 
Sec. 1610.4-1), and determine the planning issues to be addressed during 
the planning process. Planning issues may be modified during the 
planning process to incorporate new information. The identification of 
planning issues should be integrated with the scoping process required 
by regulations implementing the National Environmental Policy Act (40 
CFR 1501.7).



Sec. 1610.5-2  Formulation of resource management alternatives.

    (a) Alternatives development. The BLM shall consider all reasonable 
resource management alternatives (alternatives) and develop several 
complete alternatives for detailed study. The decision to designate 
alternatives for further development and analysis remains the exclusive 
responsibility of the BLM.
    (1) The alternatives developed shall be informed by the Director and 
deciding official guidance (see Sec. 1610.1(a)), the planning assessment 
(see Sec. 1610.4), the statement of purpose and need (see Sec. 1610.5-
1), and the planning issues (see Sec. 1610.5-1).
    (2) In order to limit the total number of alternatives analyzed in 
detail to a manageable number for presentation and analysis, reasonable 
variations may be treated as sub-alternatives.
    (3) One alternative shall be for no action, which means continuation 
of present level or systems of resource management.
    (4) The resource management plan shall note any alternatives 
identified and eliminated from detailed study and shall briefly discuss 
the reasons for their elimination.
    (b) Rationale for alternatives. The resource management plan shall 
describe the rationale for the differences between alternatives. The 
rationale shall include:
    (1) A description of how each alternative addresses the planning 
issues, consistent with the principles of multiple use and sustained 
yield, unless otherwise specified by law;
    (2) A description of management direction that is common to all 
alternatives; and
    (3) A description of how management direction varies across 
alternatives to address the planning issues.
    (c) Public review of preliminary alternatives. The responsible 
official shall make the preliminary alternatives and the preliminary 
rationale for alternatives available for public review prior to the 
publication of the draft resource management plan and draft 
environmental impact statement, and as appropriate, prior to the 
publication of draft plan amendments when an environmental impact 
statement is prepared to inform the amendment.
    (d) Changes to preliminary alternatives. The BLM may change the 
preliminary alternatives and preliminary rationale for alternatives as 
planning proceeds if it determines that public suggestions or other new 
information make such changes necessary. A description of these changes 
shall be made available to the public in the draft resource management 
plan (see Sec. 1610.5-4).



Sec. 1610.5-3  Estimation of effects of alternatives.

    (a) Basis for analysis. The responsible official shall identify the 
procedures, assumptions, and indicators that will be used to estimate 
the environmental, ecological, social, and economic effects of 
implementing each alternative considered in detail.
    (1) The responsible official shall make the preliminary procedures, 
assumptions, and indicators available for public review prior to the 
publication of the draft resource management plan and draft 
environmental impact statement, and, as appropriate, prior to the 
publication of draft plan amendments when an environmental impact 
statement is prepared to inform the amendment.
    (2) The BLM may change the procedures, assumptions, and indicators 
as planning proceeds if it determines that public suggestions or other 
new information make such changes necessary. A description of these 
changes shall be made available to the public in the

[[Page 23]]

draft resource management plan (see Sec. 1610.5-4).
    (b) Effects analysis. The responsible official shall estimate and 
display the environmental, ecological, economic, and social effects of 
implementing each alternative considered in detail. The estimation of 
effects shall be guided by the basis for analysis, the planning 
assessment, 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. 1610.5-4  Preparation of the draft resource management plan
and selection of preferred alternatives.

    (a) The responsible official shall prepare a draft resource 
management plan based on Director and deciding official guidance, the 
planning assessment, the planning issues, and the estimation of the 
effects of alternatives. The draft resource management plan and draft 
environmental impact statement shall:
    (1) Describe any changes made to the preliminary alternatives and 
preliminary procedures, assumptions, and indicators;
    (2) Evaluate the alternatives; and
    (3) Identify one or more preferred alternatives, if one or more 
exist, and explain the rationale for the preference or absence of a 
preference. The identification of one or more preferred alternatives 
remains the exclusive responsibility of the BLM.
    (b) The resulting draft resource management plan and draft 
environmental impact statement shall be forwarded to the deciding 
official for publication and filing with the Environmental Protection 
Agency.
    (c) This draft resource management plan and draft environmental 
impact statement shall be provided for comment to the Governor(s) of the 
State(s) involved, and to officials of other Federal agencies, State and 
local governments, and Indian tribes that have requested to be notified 
of opportunities for public involvement or that the deciding official 
has reason to believe would be interested (see Sec. 1610.3-2(c)). This 
action constitutes compliance with the requirements of Sec. 3420.1-7 of 
this title.



Sec. 1610.5-5  Selection of the proposed resource management plan.

    (a) After publication of the draft resource management plan and 
draft environmental impact statement, the responsible official shall 
evaluate the comments received and prepare the proposed resource 
management plan and final environmental impact statement.
    (b) The deciding official shall publish these documents and file the 
final environmental impact statement with the Environmental Protection 
Agency.



Sec. 1610.6  Resource management plan approval, implementation,
and modification.



Sec. 1610.6-1  Resource management plan approval and implementation.

    (a) The deciding official may approve the resource management plan 
or plan amendment for which an environmental impact statement was 
prepared no earlier than 30 days after the Environmental Protection 
Agency publishes a notice of availability of the final environmental 
impact statement in the Federal Register.
    (b) Approval shall be withheld on any portion of a resource 
management plan or plan amendment being protested (see Sec. 1610.6-2) 
until final action has been completed on such protest. If, after 
publication of a proposed resource management plan or plan amendment, 
the BLM intends to select an alternative that is within the spectrum of 
alternatives in the final environmental impact statement or 
environmental assessment, but is substantially different than the 
proposed resource management plan or plan amendment, the BLM shall 
notify the public and request written comments on the change before the 
resource management plan or plan amendment is approved.
    (c) The approval of a resource management plan or a plan amendment 
for which an environmental impact statement is prepared shall be 
documented in a concise public record of the decision (see 40 CFR 
1505.2).



Sec. 1610.6-2  Protest procedures.

    (a) Any member of the public who participated in the preparation of 
the resource management plan or plan

[[Page 24]]

amendment and has an interest which may be adversely affected by the 
approval of a proposed resource management plan or plan amendment may 
protest such approval. A protest may raise only those issues which were 
submitted for the record during the preparation of the resource 
management plan or plan amendment (see Sec. 1610.5), unless the protest 
concerns an issue that arose after the close of the opportunity for 
public comment on the draft resource management plan.
    (1) Submission. The protest must be in writing and must be filed 
with the Director. The protest may be filed as a hard-copy or 
electronically. The responsible official shall specify protest filing 
procedures for each resource management plan or plan amendment, 
including the method the public may use to submit a protest 
electronically.
    (2) Timing. For resource management plans or plan amendments for 
which an environmental impact statement was prepared, the protest must 
be filed within 30 days after the date the Environmental Protection 
Agency published the notice of availability of the final environmental 
impact statement in the Federal Register. For plan amendments for which 
an environmental assessment was prepared, the protest must be filed 
within 30 days after the date that the BLM notifies the public of the 
availability of the amendment.
    (3) Content requirements. The protest must:
    (i) Include the name, mailing address, telephone number, email 
address (if available), and interest of the person filing the protest;
    (ii) State how the protestor participated in the preparation of the 
resource management plan or plan amendment;
    (iii) Identify the plan component(s) believed to be inconsistent 
with Federal laws or regulations applicable to public lands, or the 
purposes, policies, and programs implementing such laws and regulations;
    (iv) Concisely explain why the plan component(s) is believed to be 
inconsistent with Federal laws or regulations applicable to public 
lands, or the purposes, policies, and programs implementing such laws 
and regulations and, unless the protest concerns an issue that arose 
after the close of the opportunity for public comment on the draft 
resource management plan, identify the associated issue or issues raised 
during the preparation of the resource management plan or plan 
amendment; and
    (v) Include 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, unless the protest concerns an issue that arose after the close 
of the opportunity for public comment on the draft resource management 
plan.
    (4) Availability. Upon request, the Director shall make protests 
available to the public, withholding any protected information that is 
exempt from disclosure under applicable laws or regulations.
    (b) The Director shall render a written decision on all protests and 
notify protesting parties of the decision. The decision on the protest 
and the reasons for the decision shall be made available to the public. 
The decision of the Director is the final decision of the Department of 
the Interior. Approval will be withheld on any portion of a resource 
management plan or plan amendment until final action has been completed 
on such protest (see Sec. 1610.6-1(b)).
    (c) The Director may dismiss any protest that does not meet the 
requirements of this section. The Director shall notify protesting 
parties of the dismissal and provide the reasons for the dismissal.



Sec. 1610.6-3  Conformity and implementation.

    (a) All future resource management authorizations and actions, and 
subsequent more detailed or specific planning, shall conform to the plan 
components of the approved resource management plan.
    (b) After a resource management plan or plan amendment is approved, 
and if otherwise authorized by law, regulation, contract, permit, 
cooperative agreement, or other instrument of occupancy and use, the BLM 
shall take appropriate measures, subject to valid

[[Page 25]]

existing rights, to make operations and activities under existing 
permits, contracts, cooperative agreements, or other instruments for 
occupancy and use, conform to the plan components of the approved 
resource management plan or plan 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 plan 
amendment may appeal such action pursuant to part 4, subpart E of this 
chapter, at the time the specific action is proposed for implementation.
    (c) If a proposed action is not in conformance with a plan 
component, and the deciding official determines that such action 
warrants further consideration before a resource management plan 
revision is scheduled, such consideration shall be through a resource 
management plan amendment in accordance with Sec. 1610.6-6 of this part.
    (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: Part 3400 of this title for coal; part 
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. 1610.6-4  Monitoring and evaluation.

    (a) The BLM shall monitor and evaluate the resource management plan 
in accordance with the monitoring and evaluation standards to determine 
whether:
    (1) The resource management plan objectives are being met; and
    (2) There is relevant new information or other sufficient cause to 
warrant consideration of amendment or revision of the resource 
management plan.
    (b) The responsible official shall document the evaluation of the 
resource management plan in a report made available for public review on 
the BLM's Web site.



Sec. 1610.6-5  Maintenance.

    Resource management plans may be maintained as necessary to correct 
typographical or mapping errors or to reflect minor changes in mapping 
or data. Maintenance shall not change a plan component of the approved 
resource management plan, except to correct typographical or mapping 
errors or to reflect minor changes in mapping or data. Maintenance is 
not considered a resource management plan amendment and shall not 
require the formal public involvement and interagency coordination 
process described under Secs. 1610.2 and 1610.3 of this part or the 
preparation of an environmental assessment or environmental impact 
statement. When changes are made to an approved resource management plan 
through plan maintenance, the BLM shall notify the public and make the 
changes available for public review at least 30 days prior to their 
implementation.



Sec. 1610.6-6  Amendment.

    (a) A plan component may be changed through amendment. An amendment 
may be initiated when the BLM determines monitoring and evaluation 
findings, new high quality information, new or revised policy, a 
proposed action, or other relevant changes in circumstances, such as 
changes in resource, environmental, ecological, social, or economic 
conditions, warrants a change to one or more of the plan components of 
the approved resource management plan. An amendment shall be made in 
conjunction with an environmental assessment of the proposed change, or 
an environmental impact statement, if necessary. When amending a 
resource management plan, the BLM shall provide for public involvement 
(see Sec. 1610.2), interagency coordination, tribal consultation, 
consistency review (see Sec. 1610.3), and protest (see Sec. 1610.6-2). 
In all cases, the effect of the amendment on other plan components shall 
be evaluated. If the amendment is being considered in response to a 
specific proposal, the effects analysis required for the proposal and 
for the amendment may occur simultaneously.
    (b) If the environmental assessment does not disclose significant 
impacts, the responsible official may make a finding of no significant 
impact and then make a recommendation on the amendment to the deciding 
official for approval. Upon approval, the BLM

[[Page 26]]

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.
    (c) If the BLM amends several resource management plans 
simultaneously, a single programmatic environmental impact statement or 
environmental assessment may be prepared to address all amendments.



Sec. 1610.6-7  Revision.

    The BLM may revise a resource management plan, as necessary, when 
monitoring and evaluation findings (Sec. 1610.6-4), new data, new or 
revised policy, or other relevant changes in circumstances affect the 
entire resource management plan or major portions of the resource 
management plan. Revisions shall comply with all of the requirements of 
this part for preparing and approving a resource management plan.



Sec. 1610.6-8  Situations where action can be taken based on another
agency's planning documents.

    These regulations authorize the preparation of a resource management 
plan for whatever public land interests exist in a given land area, 
including mixed ownership where the public land estate is under non-
Federal surface, or administration of the land is shared by the BLM and 
another Federal agency. The BLM may rely on the planning documents of 
other agencies when split or shared estate conditions exist in any of 
the following situations:
    (a) Another agency's plan (Federal, tribal, State, or local) may be 
relied on 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 involvement, and is 
consistent with Federal laws and regulations applicable to public lands, 
and the purposes, policies and programs implementing such laws and 
regulations.
    (b) After evaluation and review, the BLM may adopt another agency's 
plan for continued use as a resource management plan so long as the plan 
is consistent with Federal laws and regulations applicable to public 
lands, and the purposes, policies, and programs implementing such laws 
and regulations, and an agreement is reached between the BLM and the 
other agency to provide for maintenance and amendment of the plan, as 
necessary.
    (c) Another agency's resource assessment may be relied on only if it 
is comprehensive and has considered the resource, environmental, 
ecological, social, and economic conditions in a way comparable to the 
manner in which these conditions would have been considered in a 
planning assessment (see Sec. 1610.4), including the opportunity for 
public involvement, and is consistent with Federal laws and regulations 
applicable to public lands, and the purposes, policies, and programs 
implementing such laws and regulations.
    (d) A land use analysis may be relied on 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 involvement as required by Sec. 1610.2, the 
consultation and consistency determinations required by Sec. 1610.3, the 
protest procedure prescribed by Sec. 1610.6-2, and a decision on the 
coal lease proposal. A land use analysis meets the planning requirements 
of section 202 of FLPMA.



Sec. 1610.7  Management decision review by Congress.

    FLPMA requires that any BLM 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 is not required prior to approval of a 
resource management plan which, if fully or partially implemented, would 
result in such an elimination of use(s). 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.

[[Page 27]]



Sec. 1610.8  Designation of areas.



Sec. 1610.8-1  Designation of areas unsuitable for surface mining.

    (a)(1) The resource management 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 
BLM 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 BLM 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 
BLM, 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 BLM shall take all 
necessary steps to implement the results of the unsuitability review as 
it applies to minerals or materials other than coal.



Sec. 1610.8-2  Designation and protection of areas of critical
environmental concern.

    (a) Areas having potential for ACEC designation and protection shall 
be identified through inventory of public lands and during the planning 
assessment, and considered during the preparation or amendment of a 
resource management plan. The inventory data shall be analyzed to 
determine whether there are areas containing resources, values, systems 
or processes, or natural hazards eligible for further consideration for 
designation as an ACEC. In order to be a potential ACEC, both of the 
following criteria must be met:
    (1) Relevance. There must be present a significant historic, 
cultural, or scenic value; a fish or wildlife resource or other natural 
system or process; or natural hazard; and
    (2) Importance. The value, resource, system, process, or natural 
hazard described in paragraph (a)(1) of this section must have 
substantial significance and values. This generally requires qualities 
of 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) Potential ACECs shall be considered for designation during the 
preparation or amendment of a resource management plan consistent with 
the priority established by FLPMA (43 U.S.C. 1712(c)(3)). The 
identification of a potential ACEC shall not, of itself, change or 
prevent change of the management or use of public lands. ACECs require 
special management attention (when such areas are developed or used or 
no development is required) to protect and prevent irreparable damage to 
the important historic, cultural, or scenic values, fish and wildlife 
resources or other natural system or process, or to protect life and 
safety from natural hazards.
    (1) When a draft resource management plan or plan amendment involves 
possible designation of one or more potential ACECs, the BLM shall 
publish a notice in the Federal Register and request written comments on 
the designations under consideration. This step may be integrated with 
the notice and comment period for the draft resource management plan or 
plan amendment (see Sec. 1610.2-2). Any draft resource management plan 
or plan amendment involving a potential ACEC shall include a list of 
each potential ACEC and any special management

[[Page 28]]

attention which would occur if it were formally designated.
    (2) The approval of a resource management plan or plan amendment 
that contains an ACEC constitutes formal designation of an ACEC. The 
approved plan shall include a list of all designated ACECs, and include 
any special management attention, such as resource use determinations 
(Sec. 1610.1-2(b)(2)), identified to protect the designated ACECs.



Sec. 1610.9  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 must be in compliance with the 
principle of multiple use and sustained yield unless otherwise specified 
by law, and must have been developed with public involvement and 
governmental coordination, but not necessarily precisely as prescribed 
in Secs. 1610.2 and 1610.3 of this part.
    (2) For proposed actions a determination shall be made by the 
responsible official 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 with the management 
framework plan, it may be further considered for decision under 
procedures applicable to that type of action, including the regulatory 
provisions of the National Environmental Policy Act.
    (ii) If the proposed action is not in conformance with the 
management framework plan, and if the proposed action warrants further 
consideration before a resource management plan is scheduled for 
preparation, such consideration shall be through an amendment to the 
management framework plan under the provisions of Sec. 1610.6-6 of this 
part.
    (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 or an environmental impact statement, if 
necessary, plus any other data and analysis deemed necessary by the BLM 
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. 1610.6-6 of this part for 
amending a plan.
    (c)(1) When considering whether a proposed action is in conformance 
with a resource management plan, the BLM shall use an existing resource 
management plan approved prior to January 11, 2017 until it is 
superseded by a resource management plan or plan amendment prepared 
under the regulations in this part. In such circumstances, the proposed 
action must either be specifically provided for in the resource 
management plan or clearly consistent with the terms, conditions, and 
decisions of the approved plan.
    (2) If a resource management plan is amended by a plan amendment 
prepared under the regulations in this part, a future proposed action 
must be clearly consistent with the plan components of the provisions of 
the approved resource management plan amended under the regulations in 
this part and the terms, conditions, and decisions of the provisions of 
the approved resource management plan that have not been amended under 
the regulations in this part.
    (d) If the preparation, revision, or amendment of a plan was 
formally initiated by issuance of a notice of intent in the Federal 
Register prior to January 11, 2017, the BLM may complete and approve the 
resource management plan or plan amendment pursuant to the requirements 
of this part or to the provisions of the planning regulations in 43 CFR 
part 1600 in effect prior to the effective date of this rule.

[[Page 29]]



Group 1700_Program Management--Table of Contents





PART 1780_COOPERATIVE RELATIONS--Table of Contents



                    Subpart 1784_Advisory Committees

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

[[Page 30]]

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
    (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

[[Page 31]]

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 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

[[Page 32]]

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 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;

[[Page 33]]

    (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;
    (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

[[Page 34]]

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 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

[[Page 35]]

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 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

[[Page 36]]

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 
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--Table of Contents





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.

[[Page 37]]

              Subpart 1812_Qualifications of Practitioners

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

                      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 38]]



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 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.



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.

[[Page 39]]

    (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_General Information

Sec.
1821.10  Where are BLM offices located?
1821.11  During what hours may I file an application?
1821.12  Are these the only regulations that will apply to my 
          application or other required document?
1821.13  What if the specific program regulations conflict with these 
          regulations?

                 Subpart 1822_Filing a Document with BLM

1822.10  How should my name appear on applications and other required 
          documents that I submit to BLM?
1822.11  What must I do to make an official filing with BLM?
1822.12  Where do I file my application or other required documents?
1822.13  May I file electronically?
1822.14  What if I try to file a required document on the last day of 
          the stated period for filing, but the BLM office where it is 
          to be filed is officially closed all day?
1822.15  If I miss filing a required document or payment within the 
          specified period, can BLM consider it timely filed anyway?
1822.16  Where do I file an application that involves lands under the 
          jurisdiction of more than one BLM State Office?
1822.17  When are documents considered filed simultaneously?
1822.18  How does BLM decide in which order to accept documents that are 
          simultaneously filed?

                    Subpart 1823_Payments and Refunds

1823.10  How may I make my payments to BLM?
1823.11  What is the authority for BLM issuing a refund of a payment?
1823.12  When and how may I obtain a refund?
1823.13  Is additional documentation needed when a third party requests 
          a refund?

             Subpart 1824_Publication and Posting of Notices

1824.10  What is a publication?
1824.11  How does BLM choose a newspaper in which to publish a notice?
1824.12  How many times must BLM publish a notice?
1824.13  Who pays for publication?
1824.14  Does the claimant or applicant pay for an error by the printer 
          of the paper in which the notice appears?
1824.15  What does it mean to post a notice?
1824.16  Why must I post a notice?
1824.17  If I must post a notice on the land, what are the requirements?

                      Subpart 1825_Relinquishments

1825.10  If I relinquish my interest (such as a claim or lease) in 
          public lands, am I relieved of all further responsibility 
          associated with that interest?
1825.11  When are relinquishments effective?
1825.12  When does relinquished land become available again for other 
          application or appropriation?

    Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740.

    Source: 64 FR 53215, Oct. 1, 1999, unless otherwise noted.



                    Subpart 1821_General Information



Sec. 1821.10  Where are BLM offices located?

    (a) In addition to the Headquarters Office in Washington, D.C. and 
seven national level support and service centers, BLM operates 12 State 
Offices each having several subsidiary offices called Field Offices. The 
addresses of the State Offices and their respective geographical areas 
of jurisdiction are as follows:

                 State Offices and Areas of Jurisdiction

Alaska State Office, 222 West 7th Avenue, #13, Anchorage, Alaska 99513-
7599--Alaska.
Arizona State Office, One North Central Avenue, Phoenix, Arizona 85004-
2203--Arizona.
California State Office, 2800 Cottage Way, Room W-1834, Sacramento, 
California 95825-1886--California.
Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215-
7093-Colorado.
    Eastern States Office, 20 M Street SE., Suite 950, Washington, DC 
20003--Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all States 
east of the Mississippi River.

[[Page 40]]

Idaho State Office, 1387 South Vinnell Way, Boise, Idaho 83709-1657--
Idaho.
Montana State Office, 5001 Southgate Drive, Billings, Montana 59101-
4669--Montana, North Dakota and South Dakota.
Nevada State Office, 1340 Financial Boulevard, Reno, Nevada 89502-7147, 
P.O. Box 12000, Reno, Nevada 89520-0006--Nevada.
New Mexico State Office, 310 Dinosaur Trail, Santa Fe, NM 87508, P.O. 
Box 27115, Santa Fe, New Mexico 87502-0115--Kansas, New Mexico, 
Oklahoma, and Texas.
Oregon/Washington State Office, 1220 SW. 3rd Avenue, Portland, Oregon 
97204, P.O. Box 2965, Portland, Oregon 97208--Oregon and Washington.
Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, Utah 
84101-1345.
Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82009, 
P.O. Box 1828, Cheyenne, Wyoming 82003--Wyoming and Nebraska.

    (b) A list of the names, addresses, and geographical areas of 
jurisdiction of all Field 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, 
1849 C Street, NW, Washington, DC 20240.

[64 FR 53215, Oct. 1, 1999, as amended at 66 FR 28672, May 24, 2001; 67 
FR 30329, May 6, 2002; 68 FR 18554, Apr. 16, 2003; 70 FR 45313, Aug. 5, 
2005; 70 FR 69688, Nov. 17, 2005; 71 FR 10846, Mar. 3, 2006; 72 FR 6480, 
Feb. 12, 2007; 78 FR 35571, June 13, 2013; 78 FR 46527, Aug. 1, 2013; 80 
FR 59635, Oct. 2, 2015]



Sec. 1821.11  During what hours may I file an application?

    You may file applications or other documents or inspect official 
records during BLM office hours. Each BLM office will prominently 
display a notice of the hours during which that particular office will 
be open. Except for offices which are open periodically, for example, 
every Wednesday or the 3rd Wednesday of the month, all offices will be 
open Monday through Friday, excluding Federal holidays, at least from 9 
a.m. to 3 p.m., local time.



Sec. 1821.12  Are these the only regulations that will apply to my
application or other required document?

    No. These general regulations are supplemented by specific program 
regulations. You should consult the regulations applying to the specific 
program.



Sec. 1821.13  What if the specific program regulations conflict with 
these regulations?

    If there is a conflict, the specific program regulations will govern 
and the conflicting portion of these regulations will not apply.



                 Subpart 1822_Filing a Document with BLM



Sec. 1822.10  How should my name appear on applications and other
required documents that I submit to BLM?

    Your legal name and current address should appear on your 
application and other required documents.



Sec. 1822.11  What must I do to make an official filing with BLM?

    You must file your application and any other required documents 
during regular office hours at the appropriate BLM office having 
jurisdiction over the lands or records involved. You must file any 
document with BLM through personal delivery or by mailing via the United 
States Postal Service or other delivery service, except for those 
applications that may be filed electronically under Sec. 1822.13, unless 
a more specific regulation or law specifies the mode of delivery. The 
date of mailing is not the date of filing.



Sec. 1822.12  Where do I file my application or other required documents?

    You should file your application or other required documents at the 
BLM office having jurisdiction over the lands or records involved. The 
specific BLM office where you are to file your application is usually 
referenced in the BLM regulations which pertain to the filing you are 
making. If the regulations do not name the specific office, or if you 
have questions as to where you should file your application or other 
required documents, contact your local BLM office for information and we 
will tell you which BLM office to file your application.



Sec. 1822.13  May I file electronically?

    For certain types of applications, BLM will accept your electronic 
filing if an original signature is not required. If BLM requires your 
signature, you must file your application or document

[[Page 41]]

by delivery or by mailing. If you have any questions regarding which 
types of applications can be electronically filed, you should check with 
the BLM office where you intend to file your application. When you file 
an application electronically, it will not be considered filed until BLM 
receives it.



Sec. 1822.14  What if I try to file a required document on the last
day of the stated period for filing, but the BLM office where it
is to be filed is officially closed all day?

    BLM considers the document timely filed if we receive it in the 
office on the next day it is officially open.



Sec. 1822.15  If I miss filing a required document or payment within
the specified period, can BLM consider it timely filed anyway?

    BLM may consider it timely filed if:
    (a) The law does not prohibit BLM from doing so;
    (b) No other BLM regulation prohibits doing so; and
    (c) No intervening third party interests or rights have been created 
or established during the intervening period.



Sec. 1822.16  Where do I file an application that involves lands under
the jurisdiction of more than one BLM State Office?

    You may file your application with any BLM State Office having 
jurisdiction over the subject lands. You should consult the regulations 
of the particular BLM resource program involved for more specific 
information.



Sec. 1822.17  When are documents considered filed simultaneously?

    (a) BLM considers two or more documents simultaneously filed when:
    (1) They are received at the appropriate BLM office on the same day 
and time; or
    (2) They are filed in conjunction with an order that specifies that 
documents received by the appropriate office during a specified period 
of time will be considered as simultaneously filed.
    (b) An application or document that arrives at the BLM office where 
it is to be filed when the office is closed for the entire day will be 
considered as filed on the day and hour the office next officially 
opens.
    (c) Nothing in this provision will deny any preference right granted 
by applicable law or regulation or validate a document which is invalid 
under applicable law or regulation.



Sec. 1822.18  How does BLM decide in which order to accept documents
that are simultaneously filed?

    BLM makes this decision by a drawing open to the public.



                    Subpart 1823_Payments and Refunds



Sec. 1823.10  How may I make my payments to BLM?

    Unless specific regulations provide otherwise, you may pay by:
    (a) United States currency; or
    (b) Checks, money orders, or bank drafts made payable to the Bureau 
of Land Management; or
    (c) Visa or Master Card credit charge, except as specified by 
pertinent regulation(s).



Sec. 1823.11  What is the authority for BLM issuing a refund 
of a payment?

    BLM can issue you a refund under the authority of section 304(c) of 
the Federal Land Policy and Management Act, 43 U.S.C. 1734.



Sec. 1823.12  When and how may I obtain a refund?

    (a) In making a payment to BLM, if the funds or fees you submitted 
to BLM exceed the amount required or if the regulations provide that 
fees submitted to BLM must be returned in certain situations, you may be 
entitled to a full or partial refund.
    (b) If you believe you are due a refund, you may request it from the 
BLM office where you previously submitted your payment. You should state 
the reasons you believe you are entitled to a refund and include a copy 
of the appropriate receipt, canceled check, or other relevant documents.

[[Page 42]]



Sec. 1823.13  Is additional documentation needed when a third party
requests a refund?

    Yes. When refund requests are made by heirs, executors, 
administrators, assignees, or mortgagees, BLM may require additional 
documentation sufficient to establish your entitlement to a refund. If 
you are an heir, executor, administrator, assignee or mortgagee, you 
should contact the BLM office where you will file your refund 
application for information regarding appropriate documentation.



             Subpart 1824_Publication and posting of notices



Sec. 1824.10  What is publication?

    Publication means publishing a notice announcing an event or a 
proposed action in the Federal Register, a local newspaper of 
established character and general circulation in the vicinity of the 
land affected or other appropriate periodical. BLM's purpose in 
publishing or requiring the publication of such information is to advise 
you and other interested parties that some action will occur and that 
the public is invited either to participate or to comment.



Sec. 1824.11  How does BLM choose a newspaper in which to publish
a notice?

    BLM bases its choice of newspapers on their reputation and frequency 
and level of circulation in the vicinity of the public or private lands 
involved.



Sec. 1824.12  How many times must BLM publish a notice?

    The number of times that BLM will publish or cause to be published a 
notice depends on the publication requirements for the particular action 
involved. You should see the applicable law and the regulations 
governing specific BLM resource programs for information on the 
requirements for publication for a particular action.



Sec. 1824.13  Who pays for publication?

    The cost of publication is the responsibility of the claimant or 
applicant.



Sec. 1824.14  Does the claimant or applicant pay for an error by the
printer of the paper in which the notice appears?

    No. The claimant or applicant is not responsible for costs involved 
in correcting an error by the printer.



Sec. 1824.15  What does it mean to post a notice?

    Posting a notice is similar to publishing a notice except that the 
notice is displayed at the appropriate BLM office, local courthouse or 
similar prominent local government building or on a prominent fixture 
such as a building, tree or post located on the particular public lands 
involved.



Sec. 1824.16  Why must I post a notice?

    The posting of a notice informs those persons who may be interested 
in the lands or resources described, who have relevant information to 
provide, or who may wish to oppose the proposal.



Sec. 1824.17  If I must post a notice on the land, what are the 
requirements?

    The posted notice must be visible throughout the time period for 
posting specified in the regulations governing the relevant program. BLM 
or its regulations may require additional posting, such as in a post 
office or city hall. For any additional posting requirements, you should 
see applicable Federal and State law, the regulations of the particular 
BLM resource program and any additional BLM requirements associated with 
your application.



                      Subpart 1825_Relinquishments



Sec. 1825.10  If I relinquish my interest (such as a claim or lease)
in public lands, am I relieved of all further responsibility
associated with that interest?

    No. You are still responsible for fulfilling any regulatory, 
statutory, lease, permit and other contractual obligations that apply, 
such as performance of reclamation and payment of rentals accruing 
before the time of relinquishment. You should see the regulations 
relating to the specific BLM resource program involved for more detailed 
information.

[[Page 43]]



Sec. 1825.11  When are relinquishments effective?

    Generally, BLM considers a relinquishment to be effective when it is 
received, along with any required fee, in the BLM office having 
jurisdiction of the lands being relinquished. However, the specific 
program regulations govern effectiveness of relinquishments.



Sec. 1825.12  When does relinquished land become available again 
for other application or appropriation?

    Relinquished land may not again become available until BLM notes the 
filed relinquishment of an interest on the land records maintained by 
the BLM office having jurisdiction over the lands involved. If you have 
any questions regarding the availability of a particular tract of land, 
you should contact the BLM office having jurisdiction over the lands or 
records.



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 [Reserved]

                  Subpart 1863_Other Title Conveyances

Sec.
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.
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.

[[Page 44]]

Subpart 1862 [Reserved]



                  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.

    Authority: 43 U.S.C. 1201, 1740, and 1745.



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:

[[Page 45]]

    (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 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.
    (h) State means ``the state and any of its creations including any 
governmental instrumentality within a state, including cities, counties, 
or other official local governmental entities.''

[49 FR 35299, Sept. 6, 1984, as amended at 68 FR 502, Jan. 6, 2003]



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



Sec. 1864.1-1  Filing of application.

    (a) Any entity claiming title to lands 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 of the United States and that such lands are not subject 
to any valid claim of the United States.
    (b) Before you actually file an application you should meet with BLM 
to determine if the regulations in this subpart apply to you.
    (c) You must file your application for a disclaimer of interest with 
the proper BLM office as listed in Sec. 1821.10 of this title.

[68 FR 502, Jan. 6, 2003]



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;

[[Page 46]]

    (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 are not needed to properly adjudicate that application.



Sec. 1864.1-3  Action on application.

    (a) BLM will not approve an application, except for applications 
filed by a state, if more than 12 years have elapsed since the applicant 
knew, or should have known, of the claim of the United States.
    (b) BLM will not approve an application if:
    (1) The application pertains to a security interest or water rights; 
or
    (2) The application pertains to trust or restricted Indian lands.
    (c) BLM will, if the application meets the requirements for further 
processing, determine the amount of deposit we need to cover the 
administrative costs of processing the application and issuing a 
disclaimer.
    (d) The applicant must submit a deposit in the amount BLM 
determines.
    (e) If the application includes what may be omitted lands, BLM will 
process it in accordance with the applicable provisions of part 9180 of 
this title. If BLM determines the application involves omitted lands, 
BLM will notify the applicant in writing.

[68 FR 502, Jan. 6, 2003]



Sec. 1864.1-4  Consultation with other Federal agencies.

    BLM will not issue a recordable disclaimer of interest over the 
valid objection of another land managing agency having administrative 
jurisdiction over the affected lands. A valid objection must present a 
sustainable rationale that the objecting agency claims United States 
title to the lands for which a recordable disclaimer is sought.

[68 FR 503, Jan. 6, 2003]



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

[[Page 47]]

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.



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

[[Page 48]]

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:
    (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

[[Page 49]]

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.



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 1882_Mineral Development Impact Relief Loans

Sec.
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 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

[[Page 50]]

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 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

[[Page 51]]

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 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.

[[Page 52]]



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 53]]



              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.
2091.8  Status of gift lands.
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 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.



              Subpart 2091_Segregation and Opening of Lands

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



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

[[Page 54]]

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 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

[[Page 55]]

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.



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). The sales provisions of section 43 CFR 2711.1-2(d) 
provide for a segregation period, not to exceed two years unless, on a 
case-by-case basis, the BLM State Director determines that the extension 
is necessary and documents, in writing, why the extension is needed. 
Such an extension will not be renewable and cannot be extended beyond 
the additional two years.

[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993; 
71 FR 67068, Nov. 20, 2006]



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

[[Page 56]]

    (3) Upon issuance of a patent or other document of conveyance; 
whichever occurs first.
    (b) [Reserved]

[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993; 
65 FR 70112, Nov. 21, 2000]



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)
    (e)(1) The Bureau of Land Management may segregate, if it finds it 
necessary for the orderly administration of the public lands, lands 
included in a right-of-way application under 43 CFR subpart 2804 for the 
generation of electrical energy from wind or solar sources. In addition, 
the Bureau of Land Management may also segregate lands that it 
identifies for potential rights-of-way for electricity generation from 
wind or solar sources when initiating a competitive process for solar or 
wind development on particular lands. Upon segregation, such lands will 
not be subject to appropriation under the public land laws, including 
location under the Mining Law of 1872, (30 U.S.C. 22 et seq.), but would 
remain open under the Mineral Leasing Act of 1920 (30 U.S.C. 181 et 
seq.) or the Materials Act of 1947 (30 U.S.C. 601 et seq.). The BLM will 
effect a segregation by publishing a Federal Register notice that 
includes a description of the lands being segregated. The BLM may effect 
segregation in this way for both pending and new right-of-way 
applications.
    (2) The effective date of segregation is the date of publication of 
the notice in the Federal Register. The segregation terminates 
consistent with subpart 2091.3-2 and the lands automatically open on the 
date that is the earliest of the following:
    (i) When the BLM issues a decision granting, granting with 
modifications, or denying the application for a right-of-way;
    (ii) Automatically at the end of the segregation period stated in 
the Federal Register notice initiating the segregation, or
    (iii) Upon publication of a Federal Register notice terminating the 
segregation and opening the lands in question.
    (3) The segregation period may not exceed 2 years from the date of 
publication in the Federal Register of the notice initiating the 
segregation, unless the State Director determines and documents in 
writing, prior to the expiration of the segregation period, that an 
extension is necessary for the orderly administration of the public 
lands. If the State Director determines an extension is necessary, the 
Bureau of Land Management will extend the segregation for up to 2 years 
by publishing a notice in the Federal Register, prior to the expiration 
of the

[[Page 57]]

initial segregation period. Segregations under this part may only be 
extended once and the total segregation period may not exceed 4 years.

[52 FR 12175, Apr. 15, 1987; 52 FR 13563, Apr. 23, 1987, as amended at 
58 FR 60917, Nov. 18, 1993; 76 FR 23204, Apr. 26, 2011; 78 FR 25212, 
Apr. 30, 2013]



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.
    (c) 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, as amended at 65 FR 70112, Nov. 21, 2000]



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).

[[Page 58]]

    (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;
    (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

[[Page 59]]

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 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

[[Page 60]]

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. 2091.8  Status of gift lands.

    Upon acceptance by the United States, through the Secretary of the 
Interior, of a deed of conveyance as a gift, 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 BLM.

[62 FR 52036, Oct. 6, 1997]



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 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 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

[[Page 61]]

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 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--Table of Contents





Group 2200_Exchanges--Table of Contents





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 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.

[[Page 62]]



                     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 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

[[Page 63]]

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.



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.

[[Page 64]]

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 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

[[Page 65]]

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.
    (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) The rules contained in this part apply to all land exchanges, 
made under the authority of the Secretary, involving Federal lands, as 
defined in 43 CFR 2200.0-5(i). Apart from the Federal Land Policy and 
Management Act of 1976 (FLPMA), as amended, 43 U.S.C. 1701 et seq., 
there are a variety of statutes, administered by the Secretary, that 
authorize land trades which may include Federal lands, as for example, 
certain National Wildlife Refuge System and National Park System 
exchange acts. The procedures and requirements associated with or 
imposed by any one of these other statutes may

[[Page 66]]

not be entirely consistent with the rules in this part, as the rules in 
this part are intended primarily to implement the FLPMA land exchange 
provisions. If there is any such inconsistency, and if Federal lands are 
involved, the inconsistent procedures or statutory requirements will 
prevail. Otherwise, the regulations in this part will be followed. The 
rules in this part 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.

[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 52617, Oct. 1, 1998]



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



              Subpart 2201_Exchanges_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

[[Page 67]]

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.
    (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

[[Page 68]]

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) The provisions of this section apply equally to proposals to 
exchange National Forest System lands 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., except that if a proposal is made to exchange National Forest 
System lands, which proposal shall be filed in compliance with 36 CFR 
part 254, the authorized officer may request that the appropriate BLM 
State Office segregate such lands by a notation on the public land 
records.

[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 23681, Apr. 30, 1998; 65 
FR 70112, Nov. 21, 2000]



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,

[[Page 69]]

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
    (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.

[[Page 70]]



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 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

[[Page 71]]

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, 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

[[Page 72]]

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 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

[[Page 73]]

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.
    (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

[[Page 74]]

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 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.

[[Page 75]]



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 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. 14, 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

[[Page 76]]

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
    (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.

[[Page 77]]



Group 2300_Withdrawals--Table of Contents





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.
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

[[Page 78]]

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 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

[[Page 79]]

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.



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 activities 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

[[Page 80]]

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 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

[[Page 81]]

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. 2310.3-6(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

[[Page 82]]

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.
    (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

[[Page 83]]

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 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

[[Page 84]]

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 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

[[Page 85]]

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, 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

[[Page 86]]

    (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, 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 termination 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.

[[Page 87]]

    (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.
    (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.

[[Page 88]]

    (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 
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.

[[Page 89]]

    (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 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

[[Page 90]]

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.
    (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 makes an emergency withdrawal under Section 
204(e) of the Act (43 U.S.C. 1714(e)), the withdrawal will be made 
immediately and will be limited in scope and duration to the emergency. 
An emergency withdrawal will be effective when signed, will 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 must, 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 must forward a report to each of the 
aforementioned committees within 90 days after filing with them the 
notice of Secretarial emergency withdrawal. Reports for all such 
withdrawals, regardless of the

[[Page 91]]

amount of acreage withdrawn, will contain the information specified in 
Section 204(c)(2) of the Act (43 U.S.C. 1714(c)(2)).

[73 FR 74047, Dec. 5, 2008]



      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

[[Page 92]]

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 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

[[Page 93]]

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:
    (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

[[Page 94]]

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 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

[[Page 95]]

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.



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.

[[Page 96]]

    (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 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

[[Page 97]]

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 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--Table of Contents





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

[[Page 98]]

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; 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

[[Page 99]]

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.
    (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.

[[Page 100]]

    (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.
    (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.
2410.2  Relative value, disposal or retention.

    Source: 35 FR 9560, June 13, 1970, unless otherwise noted.



                      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

[[Page 101]]

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 
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.
2420.2  Criteria.

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



    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

[[Page 102]]

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 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.

[[Page 103]]



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 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

[[Page 104]]

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.
    (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:

[[Page 105]]

    (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.



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

[[Page 106]]

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.
    (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

[[Page 107]]

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 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

[[Page 108]]

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. 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

[[Page 109]]

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.



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.

[[Page 110]]



PART 2470_POSTCLASSIFICATION ACTIONS--Table of Contents



                   Subpart 2470_Opening and Allowance

Sec.
2470.1  Opening of lands to disposal.
2470.2  Allowance and entry.

    Source: 35 FR 9565, June 13, 1970, unless otherwise noted.



                   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 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 nonpayment of water-right charges.



                Subpart 2520_Desert-Land Entries: General

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

[[Page 111]]


    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 
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

[[Page 112]]

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, 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

[[Page 113]]

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 
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

[[Page 114]]

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 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

[[Page 115]]

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 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

[[Page 116]]

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 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

[[Page 117]]

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 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

[[Page 118]]

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 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

[[Page 119]]

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 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

[[Page 120]]

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 
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

[[Page 121]]

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 
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

[[Page 122]]

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 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

[[Page 123]]

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 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.

[[Page 124]]

    (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 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.

[[Page 125]]



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 
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

[[Page 126]]

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.



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),

[[Page 127]]

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. 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

[[Page 128]]

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 
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.

[[Page 129]]

    (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 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

[[Page 130]]

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.



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.

[[Page 131]]

             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.



         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,

[[Page 132]]

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.
    (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 9591, 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

[[Page 133]]

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 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

[[Page 134]]

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.



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

[[Page 135]]

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 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).

[[Page 136]]



           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 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

[[Page 137]]

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; 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

[[Page 138]]

(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).
    (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.

[[Page 139]]



             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 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

[[Page 140]]

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) 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

[[Page 141]]

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 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.

[[Page 142]]

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.
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 2568_Alaska Native Allotments for Certain Veterans

                                 Purpose

2568.10  What Alaska Native allotment benefits are available to certain 
          Alaska Native veterans?

                          Regulatory Authority

2568.20  What is the legal authority for these allotments?
2568.21  Do other regulations directly apply to these regulations?

                               Definitions

2568.30  What terms do I need to know to understand these regulations?

                         Information Collection

2568.40  Does BLM have the authority to ask me for the information 
          required in these regulations?

                    Who is Qualified for an Allotment

2568.50  What qualifications do I need to be eligible for an allotment?

                        Personal Representatives

2568.60  May the personal representatives of eligible deceased veterans 
          apply on their behalf?
2568.61  What are the requirements for a personal representative?
2568.62  Under what circumstances does BLM accept the appointment of a 
          personal representative?
2568.63  Under what circumstances does BLM reject the appointment of a 
          personal representative?
2568.64  Are there different requirements for giving an allotment to the 
          estate of a deceased veteran?

                        Applying for an Allotment

2568.70  If I am qualified for an allotment, when can I apply?
2568.71  Where do I file my application?
2568.72  When does BLM consider my application to be filed too late?
2568.73  Do I need to fill out a special application form?
2568.74  What else must I file with my application?
2568.75  Must I include a Certificate of Indian Blood as well as a 
          Department of Defense verification of qualifying military 
          service when I file my application with BLM?
2568.76  Do I need to pay any fees when I file my application?
2568.77  [Reserved]
2568.78  Will my application segregate the land for which I am applying 
          from other applications or land actions?
2568.79  Are there any rules about the number and size of parcels?
2568.80  Does the parcel have to be surveyed before I can receive title 
          to it?
2568.81  If BLM finds errors in my application, will BLM give me a 
          chance to correct them?
2568.82  If BLM decides that I have not submitted enough information to 
          show qualifying use and occupancy, will it reject my 
          application or give me a chance to submit more information?

[[Page 143]]

                        Available Lands--General

2568.90  If I qualify for an allotment, what land may BLM convey to me?
2568.91  Is there land owned by the Federal government that BLM cannot 
          convey to me even if I qualify?
2568.92  [Reserved]
2568.93  Is there a limit to how much water frontage my allotment can 
          include?
2568.94  Can I receive an allotment of land that is valuable for 
          minerals?
2568.95  Will BLM try to reacquire land that has been conveyed out of 
          Federal ownership so it can convey that land to a Native 
          veteran?

            Available Lands--Conservation System Units (CSU)

2568.100  What is a CSU?
2568.101  If the land I used and occupied is within a CSU other than a 
          National Wilderness or any part of a National Forest, can I 
          receive a title to it?
2568.102  Is the process by which the managing agency decides whether my 
          allotment is not inconsistent with the CSU the same as other 
          such determination processes?
2568.103  By what process does the managing agency of a CSU decide if my 
          allotment would be consistent with the CSU?
2568.104  How will a CSU manager determine if my allotment is consistent 
          with the CSU?
2568.105  In what situations could a CSU manager likely find an 
          allotment to be consistent with the CSU?
2568.106  In what situations could a CSU manager generally find an 
          allotment to be inconsistent with the purposes of a CSU?

                         Alternative Allotments

2568.110  If I qualify for Federal land in one of the categories BLM 
          cannot convey, is there any other way for me to receive an 
          allotment?
2568.111  What if BLM decides that I qualify for land that is in the 
          category of Federal land that BLM cannot convey?
2568.112  What do I do if BLM notifies me that I am eligible to choose 
          an alternative allotment?
2568.113  Do I have to prove that I used and occupied the land I've 
          chosen as an alternative allotment?
2568.114  How do I apply for an alternative allotment if the CSU manager 
          determines my application is inconsistent with a CSU?
2568.115  When must I apply for an alternative allotment if the CSU 
          manager determines my application is inconsistent with a CSU?

                                 Appeals

2568.120  What can I do if I disagree with any of the decisions that are 
          made about my allotment application?
2568.121  If an agency determines my allotment is inconsistent with the 
          purposes of a CSU, what can I do if I disagree?
2568.122  What then does the CSU manager do with my request for 
          reconsideration?
2568.123  Can I appeal the CSU Manager's reconsidered decision if I 
          disagree with it?

    Authority: 43 U.S.C. 1629g(e).



                     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.

[[Page 144]]

    (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 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

[[Page 145]]

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 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.

[[Page 146]]



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.
    (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

[[Page 147]]

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.



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

[[Page 148]]

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.
    (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,

[[Page 149]]

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.
    (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)

[[Page 150]]



                      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 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

[[Page 151]]

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 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.

[[Page 152]]



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, 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

[[Page 153]]

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 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

[[Page 154]]

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.
    (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.

[[Page 155]]



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)



                 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.

[[Page 156]]



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 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 2568_Alaska Native Allotments For Certain Veterans

    Source: 65 FR 40961, June 30, 2000, unless otherwise noted.

                                 Purpose



Sec. 2568.10  What Alaska Native allotment benefits are available
to certain Alaska Native veterans?

    Eligible Alaska Native veterans may receive an allotment of one or 
two parcels of Federal land in Alaska totaling no more than 160 acres.

                          Regulatory Authority



Sec. 2568.20  What is the legal authority for these allotments?

    (a) The Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq. 
(ANCSA), as amended.

[[Page 157]]

    (b) Section 432 of Public Law 105-276, the Appropriations Act for 
the Departments of Veterans Affairs and Housing and Urban Development 
for fiscal year 1999, 43 U.S.C. 1629g, which amended ANCSA by adding 
section 41.
    (c) Section 301 of Public Law 106-559, the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000, which amended section 41 of 
ANCSA.
    (d) The Native Allotment Act of 1906, 34 Stat. 197, as amended, 42 
Stat. 415 and 70 Stat. 954, 43 U.S.C. 270-1 through 270-3 (1970).

[65 FR 40961, June 30, 2000, as amended at 66 FR 52547, Oct. 16, 2001]



Sec. 2568.21  Do other regulations directly apply to these
regulations?

    Yes. The regulations implementing the Native Allotment Act of 1906, 
43 CFR Subpart 2561, also apply to Alaska Native Veteran Allotments to 
the extent they are not inconsistent with section 41 of ANCSA or other 
provisions in this Subpart.

                               Definitions



Sec. 2568.30  What terms do I need to know to understand these 
regulations?

    Alaska Native is defined in the Native Allotment Act of 1906 as 
amended by the Act of August 2, 1956, 70 Stat. 954.
    Allotment has the same meaning as in 43 CFR 2561.0-5(b).
    Conservation System Unit has the same meaning as under Sec. 102(4) 
of the Alaska National Interest Lands Conservation Act of December 2, 
1980, 16 U.S.C. 3102(4).
    Consistent and inconsistent mean compatible and incompatible, 
respectively, in accordance with the guidelines in these regulations in 
Secs. 2568.102 through 2568.106.
    Veteran has the same meaning as in 38 U.S.C. 101, paragraph 2.

                         Information Collection



Sec. 2568.40  Does BLM have the authority to ask me for the 
information required in these regulations?

    (a) Yes. The Office of Management and Budget has approved, under 44 
U.S.C. 3507, the information collection requirements contained in 
Subpart 2568 and has assigned them clearance number 1004-0191 for Form 
AK-2561-10. BLM uses this information to determine if using the public 
lands is appropriate. You must respond to obtain a benefit.
    (b) BLM estimates that the public reporting burden for this 
information is as follows: 28 hours per response to fill out form AK-
2561-10. These estimates include the time for reviewing instruction, 
searching existing data sources, gathering and maintaining the data 
needed and completing the collection of information.
    (c) Send comments regarding this burden estimate or any other aspect 
of this collection to the Information Collection Clearance Officer, 
Bureau of Land Management, 1849 C St. N.W., Mail Stop 401 LS, 
Washington, D.C. 20240.

                    Who Is Qualified for an Allotment



Sec. 2568.50  What qualifications do I need to be eligible for an allotment?

    To qualify for an allotment you must:
    (a) Have been eligible for an allotment under the Native Allotment 
Act as it was in effect before December 18, 1971; and
    (b) Establish that you used land in accordance with the regulation 
in effect before December 18, 1971, and that the land is still owned by 
the Federal government; and
    (c) Be a veteran who served at least six months between January 1, 
1969, and December 31, 1971, or enlisted or was drafted after June 2, 
1971, but before December 3, 1971; and
    (d) Not have already received conveyance or approval of an 
allotment. (However, if you are otherwise qualified to receive an 
allotment under the Alaska Native Veterans Allotment Act, you will still 
qualify even if you received another allotment interest by inheritance, 
devise, gift, or purchase); and
    (e) Not have a Native allotment application pending on October 21, 
1998; and
    (f) Reside in the State of Alaska or, in the case of a deceased 
veteran, have been a resident of Alaska at the time of death.

[65 FR 40961, June 30, 2000, as amended at 66 FR 52547, Oct. 16, 2001]

[[Page 158]]

                        Personal Representatives



Sec. 2568.60  May the personal representatives of eligible deceased
veterans apply on their behalf?

    Yes. The personal representative or special administrator, appointed 
in the appropriate Alaska State court proceeding, may apply for an 
allotment for the benefit of a deceased veteran's heirs if the deceased 
veteran served in South East Asia at any time during the period 
beginning August 5, 1964, and ending December 31, 1971, and during that 
period the deceased veteran:
    (a) Was killed in action,
    (b) Was wounded in action and later died as a direct consequence of 
that wound, as determined and certified by the Department of Veterans 
Affairs, or
    (c) Died while a prisoner of war.

[65 FR 40961, June 30, 2000, as amended at 66 FR 52547, Oct. 16, 2001]



Sec. 2568.61  What are the requirements for a personal representative?

    The person filing the application must present proof of a current 
appointment as personal representative of the estate of the deceased 
veteran by the proper court, or proof that this appointment process has 
begun.



Sec. 2568.62  Under what circumstances does BLM accept the appointment
of a personal representative?

    BLM will accept an appointment of personal representative made any 
time after an eligible person dies, even if that appointment came before 
enactment of the Alaska Native Veterans Allotment Act.



Sec. 2568.63  Under what circumstances does BLM reject the appointment
of a personal representative?

    If the appointment process is incomplete at the time of allotment 
application filing, the prospective personal representative must file 
the proof of appointment with BLM within 18 months after the application 
filing deadline or BLM will reject the application.



Sec. 2568.64  Are there different requirements for giving an allotment
to the estate of a deceased veteran?

    No, the estate of the deceased veteran eligible under Sec. 2568.60 
must meet the same requirements for a Native allotment as other living 
Alaska Native veterans. In addition, a deceased veteran must have been a 
resident of Alaska at the time of death.

                        Applying for an Allotment



Sec. 2568.70  If I am qualified for an allotment, when can I apply?

    If you are qualified, you can apply between July 31, 2000 and 
January 31, 2002.



Sec. 2568.71  Where do I file my application?

    You must file your application in person or by mail with the BLM 
Alaska State Office in Anchorage, Alaska.



Sec. 2568.72  When does BLM consider my application to be filed too 
late?

    BLM will consider applications to be filed too late if they are:
    (a) Submitted in person after the deadline in section 2568.70, or
    (b) Postmarked after the deadline in section 2568.70.



Sec. 2568.73  Do I need to fill out a special application form?

    Yes. You must complete form no. AK-2561-10, ``Alaska Native Veteran 
Allotment Application.''



Sec. 2568.74  What else must I file with my application?

    You must also file:
    (a) A Certificate of Indian Blood (CIB), which is a Bureau of Indian 
Affairs form,
    (b) A DD Form 214 ``Certificate of Release or Discharge from Active 
Duty'' or other documentation from the Department of Defense (DOD) to 
verify military service, as well as any information on cause of death 
supplied by the Department of Veterans Affairs,
    (c) A map at a scale of 1:63,360 or larger, sufficient to locate on-
the-ground the land for which you are applying, and
    (d) A legal description of the land for which you are applying. If 
there is a

[[Page 159]]

discrepancy between the map and the legal description, the map will 
control. The map must be sufficient to allow BLM to locate the parcel on 
the ground. You must also estimate the number of acres in each parcel.

[65 FR 40961, June 30, 2000, as amended at 71 FR 54202, Sept. 14, 2006]



Sec. 2568.75  Must I include a Certificate of Indian Blood as well
as a Department of Defense verification of qualifying military
service when I file my  application with BLM?

    Yes.
    (a) If the CIB or DOD verification of qualifying military service is 
missing when you file the application, BLM will ask you to provide the 
information within the time specified in a notice. BLM will not process 
the application until you file the necessary documents but will consider 
the application as having been filed on time.
    (b) A personal representative filing on behalf of the estate of a 
deceased veteran must file the Department of Veterans Affairs 
verification of cause of death.



Sec. 2568.76  Do I need to pay any fees when I file my application?

    No. You do not need to pay a fee to file an application.



Sec. 2568.77  [Reserved]



Sec. 2568.78  Will my application segregate the land for which I
am applying from other applications or land actions?

    The filing of an application with a sufficient description to 
identify the lands will segregate those lands. ``Segregation'' has the 
same meaning as in 43 CFR 2091.0-5(b).



Sec. 2568.79  Are there any rules about the number and size of parcels?

    Yes. You may apply for one or two parcels, but if you apply for two 
parcels the two combined cannot total more than 160 acres. You may apply 
for less than 160 acres. Each parcel must be reasonably compact.



Sec. 2568.80  Does the parcel have to be surveyed before I can receive
title to it?

    Yes. The land in your application must be surveyed before BLM can 
convey it to you. BLM will survey your allotment at no charge to you, or 
you may obtain a private survey. BLM must approve the survey if it is 
done by a private surveyor.



Sec. 2568.81  If BLM finds errors in my application, will BLM give
me a chance to correct them?

    Yes. If you file your application during the 18-month filing period 
and BLM finds correctable errors, it will consider the application as 
having been filed on time once you correct them. BLM will send you a 
notice advising you of any correctable errors and give you at least 60 
days to correct them. You must make corrections within the specified 
time or BLM will reject your application.



Sec. 2568.82  If BLM decides that I have not submitted enough 
information to show qualifying use and occupancy, will it reject
my application or give me a chance to submit more information?

    (a) BLM will not reject your application without giving you an 
opportunity for a hearing to establish the facts of your use.
    (b) If BLM cannot determine from the information you submit that you 
met the use and occupancy requirements of the 1906 Act, it will send you 
a notice saying that you have not submitted enough evidence and will 
give you at least 60 days to file additional information.
    (c) If you do not submit additional evidence by the end of the time 
BLM gives you or if you submit additional evidence but BLM still cannot 
determine that you meet the use and occupancy requirements, the 
following process will occur:
    (1) BLM will issue a formal contest complaint telling you why it 
believes it should reject your application.
    (2) If you answer the complaint and tell BLM you want a hearing, BLM 
will ask an Administrative Law Judge (ALJ) of the Interior Department, 
Office of Hearings and Appeals, to preside

[[Page 160]]

over a hearing to establish the facts of your use and occupancy.
    (3) The ALJ will evaluate all the written evidence and oral 
testimony and issue a decision.
    (4) You can appeal this decision to the Interior Board of Land 
Appeals according to 43 CFR part 4.

                        Available Lands--General



Sec. 2568.90  If I qualify for an allotment, what land may BLM convey 
to me?

    You may receive title only to:
    (a) Land that:
    (1) Is currently owned by the Federal government,
    (2) Was vacant, unappropriated, and unreserved when you first began 
to use and occupy it,
    (3) Has not been continuously withdrawn since before your sixth 
birthday,
    (4) You started using before December 14, 1968, the date when Public 
Land Order 4582 withdrew all unreserved public lands in Alaska from all 
forms of appropriation and disposition under the public land laws, and
    (5) You prove by a preponderance of the evidence that you used and 
occupied in a substantially continuous and independent manner, at least 
potentially exclusive of others, for five or more years. This possession 
of the land must not be merely intermittent. ``Preponderance of 
evidence'' means evidence which is more convincing than the evidence 
offered in opposition to it; that is, evidence which as a whole shows 
that the fact you are trying to prove is more likely a fact than not.
    (b) Substitute land explained in 43 CFR 2568.110.



Sec. 2568.91  Is there land owned by the Federal government that 
BLM cannot convey to me even if I qualify?

    You cannot receive an allotment containing any of the following:
    (a) A regularly used and recognized campsite that is primarily used 
by someone other than yourself. The campsite area that you cannot 
receive is that which is actually used as a campsite.
    (b) Land presently selected by, but not conveyed to, the State of 
Alaska. The State may relinquish up to 160 acres of its selection to 
allow an eligible Native veteran to receive an allotment;
    (c) Land presently selected by, but not conveyed to, a Native 
corporation as defined in 43 U.S.C. 1602(m). A Native corporation may 
relinquish up to 160 acres of its selection to allow an eligible Native 
veteran to receive an allotment, as long as the remaining ANCSA 
selection comports with the appropriate selection rules in 43 CFR 2650. 
Any such relinquishment must not cause the corporation to become 
underselected. See 43 U.S.C. 1621(j)(2) for a definition of 
underselection;
    (d) Land designated as wilderness by statute;
    (e) Land acquired by the Federal government through gift, purchase, 
or exchange;
    (f) Land containing any development owned or controlled by a unit of 
government, or a person other than yourself;
    (g) Land withdrawn or reserved for national defense, other than the 
National Petroleum Reserve-Alaska;
    (h) National Forest land; or
    (i) Land selected or claimed, but not yet conveyed, under a public 
land law, including but not limited to the following:
    (1) Land within a recorded mining claim;
    (2) Home sites;
    (3) Trade and manufacturing sites;
    (4) Reindeer sites and headquarters sites;
    (5) Cemetery sites.



Sec. 2568.92  [Reserved]



Sec. 2568.93  Is there a limit to how much water frontage my allotment
can include?

    Yes, in some cases. You will normally be limited to a half-mile 
(referred to as 160 rods in the regulations at 43 CFR part 2094) along 
the shore of a navigable water body. If you apply for land that extends 
more than a half-mile, BLM will treat your application as a request to 
waive this limitation. As explained in 43 CFR 2094.2, BLM can waive the 
half-mile limitation if it determines the land is not needed for a 
harborage, wharf, or boat landing area, and that a waiver would not harm 
the public interest.

[[Page 161]]



Sec. 2568.94  Can I receive an allotment of land that is valuable 
for minerals?

    BLM can convey an allotment that is known to be or believed to be 
valuable for coal, oil, or gas, but the ownership of these minerals 
remains with the Federal government. BLM cannot convey to you land 
valuable for other kinds of minerals such as gold, silver, sand or 
gravel. If BLM conveys an allotment that is valuable for coal, oil, or 
gas, the allottee owns all minerals in the land except those expressly 
reserved to the United States in the conveyance.



Sec. 2568.95  Will BLM try to reacquire land that has been conveyed
out of Federal ownership so it can convey that land to a Native
veteran?

    No. The Alaska Native Veterans Allotment Act does not give BLM the 
authority to reacquire former Federal land in order to convey it to a 
Native veteran.

            Available Lands--Conservation System Units (CSU)



Sec. 2568.100  What is a CSU?

    A CSU is an Alaska unit of the National Park System, National 
Wildlife Refuge System, National Wild and Scenic Rivers System, National 
Trails System, National Wilderness Preservation System, or a National 
Forest Monument.



Sec. 2568.101  If the land I used and occupied is within a CSU other
than a National Wilderness or any part of a National Forest, 
can I receive a title to it?

    You may receive title if you qualify for that allotment and the 
managing agency of the CSU agrees that conveyance of that allotment is 
not inconsistent with the purposes of the CSU.



Sec. 2568.102  Is the process by which the managing agency decides 
whether my allotment is not inconsistent with the CSU the same as
other such determination processes?

    No. This process is unique to this regulation. It should not be 
confused with any similar process under any other act, including the 
incompatibility process under the National Wildlife Refuge System 
Improvement Act of 1997.



Sec. 2568.103  By what process does the managing agency of a CSU 
decide if my allotment would be consistent with the CSU?

    (a) BLM conducts a field exam, with you or your representative, to 
check the boundaries of the land for which you are applying and to look 
for signs of use and occupancy. The CSU manager or a designated 
representative may also attend the field exam.
    (b) The CSU manager or representative assesses the resources to 
determine if the allotment would be consistent with CSU purposes at that 
location. You may submit any other information for the CSU manager to 
consider. You or your representative may also accompany the CSU 
representative on any field exam.
    (c) The CSU manager submits a written decision and resource 
assessment to BLM within 18 months of the BLM field exam. The CSU 
manager will send you a copy of the decision and a copy of the resource 
assessment.



Sec. 2568.104  How will a CSU manager determine if my allotment 
is consistent with the CSU?

    The CSU manager will decide this on a case-by-case basis by 
considering the law or withdrawal order which created the CSU. The law 
or withdrawal order explains the purposes for which the CSU was created. 
The manager would also consider the mission of the CSU managing agency 
as established in law and policy. The manager will also consider how the 
cumulative impacts of the various activities that could take place on 
the allotment might affect the CSU.



Sec. 2568.105  In what situations could a CSU manager likely find 
an allotment to be consistent with the CSU?

    An allotment could generally be consistent with the purposes of the 
CSU if:
    (a) The allotment for which you qualify is located near land that 
BLM has conveyed to a Native corporation under ANCSA, or,
    (b) A Native corporation has selected the land under ANCSA and has 
said it would relinquish such selection, as

[[Page 162]]

long as the remaining ANCSA selection comports with the appropriate 
selection rules in 43 CFR 2650. Any relinquishment must not cause the 
corporation to become underselected. See 43 U.S.C. 1621(j)(2) for a 
definition of underselection.



Sec. 2568.106  In what situations could a CSU manager generally find 
an allotment to be inconsistent with the purposes of a CSU?

    An allotment could generally be inconsistent in situations 
including, but not limited to, the following:
    (a) If, by itself or as part of a group of allotments, it could 
significantly interfere with biological, physical, cultural, scenic, 
recreational, natural quiet or subsistence values of the CSU.
    (b) If, by itself or as part of a group of allotments, it obstructs 
access by the public or managing agency to the resource values of 
surrounding CSU lands.
    (c) If, by itself or as part of a group of allotments, it could 
trigger development or future uses in an area that would adversely 
affect resource values of surrounding CSU lands.
    (d) If it is isolated from existing private properties and opens an 
area of a CSU to new access and uses that adversely affect resource 
values of the surrounding CSU lands.
    (e) If it interferes with the implementation of the CSU management 
plan.

                         Alternative Allotments



Sec. 2568.110  If I qualify for Federal land in one of the categories
BLM cannot convey, is there any other way for me to receive an 
allotment?

    Yes. If you qualify for land in one of the categories listed in 
section 2568.91 which BLM cannot convey, you may choose an alternative 
allotment from the following types of land within the same ANCSA Region 
as the land for which you originally qualified:
    (a) Land within an original withdrawal under section 11(a)(1) of 
ANCSA for selection by a Village Corporation which was:
    (1) Not selected,
    (2) Selected and later relinquished, or
    (3) Selected and later rejected by BLM;
    (b) Land outside of, but touching a boundary of a Village 
withdrawal, not including land described in section 2568.91 or land 
within a National Park; or
    (c) Vacant, unappropriated, and unreserved land. (For purposes of 
this section, the term ``unreserved'' includes land withdrawn solely 
under the authority of section 17(d)(1) of ANCSA.)



Sec. 2568.111  What if BLM decides that I qualify for land that is 
in the category of Federal land that BLM cannot convey?

    BLM will notify you in writing that you are eligible to choose an 
alternative allotment from lands described in section 2568.110.



Sec. 2568.112  What do I do if BLM notifies me that I am eligible 
to choose an alternative allotment?

    You must file a request for an alternative allotment in the Alaska 
State Office as stated in section 2568.71 and follow all the 
requirements you did for your original allotment application.



Sec. 2568.113  Do I have to prove that I used and occupied the land
I've chosen as an alternative allotment?

    No. If BLM cannot convey the allotment for which you originally 
apply, and you are eligible to choose an alternative allotment, you do 
not have to prove that you used and occupied the land in the alternative 
location.



Sec. 2568.114  How do I apply for an alternative allotment if the CSU
manager determines my application is inconsistent with a CSU?

    You should contact the appropriate CSU manager as quickly as 
possible to discuss resource concerns, potential constraints, and 
impacts on existing management plans. After you do this you must file a 
request for an alternative allotment with the BLM Alaska State Office as 
stated in section 2568.71 and follow all the requirements of the 
original allotment application. If the alternative allotment land is 
also in the CSU, the CSU manager will evaluate it to determine if 
conveyance of an allotment there would be inconsistent with the CSU as 
well.

[[Page 163]]



Sec. 2568.115  When must I apply for an alternative allotment if the 
CSU manager determines my application is inconsistent with a CSU?

    Your application for an alternative allotment must be filed:
    (a) Within 12 months of when you receive a decision from a CSU 
manager that says your original allotment is inconsistent with the 
purposes of the CSU or,
    (b) Within six months of when you receive a decision from the CSU 
manager on your request for reconsideration of the original decision 
affirming that your original allotment is inconsistent with the purposes 
of the CSU, or
    (c) Within three months of the date an appellate decision from the 
appropriate Federal official becomes final. This official will be 
either:
    (1) The Regional Director of the National Park Service (NPS),
    (2) The Regional Director of the U.S. Fish and Wildlife Service 
(USFWS), or
    (3) The BLM Alaska State Director

                                 Appeals



Sec. 2568.120  What can I do if I disagree with any of the decisions 
that are made about my allotment application?

    You may appeal all decisions, except for CSU inconsistency decisions 
or determinations by the Department of Veterans Affairs, to the Interior 
Board of Land Appeals under 43 CFR Part 4.



Sec. 2568.121  If an agency determines my allotment is inconsistent
with the purposes of a CSU, what can I do if I disagree?

    (a) You may request reconsideration of a CSU manager's decision by 
sending a signed request to that manager.
    (b) The request for reconsideration must be submitted in person or 
correctly addressed and postmarked to the CSU manager no later than 90 
calendar days of when you received the decision.
    (c) The request for reconsideration must include:
    (1) The BLM case file number of the application and parcel, and
    (2) Your reason(s) for filing the reconsideration, and any new 
pertinent information.



Sec. 2568.122  What then does the CSU manager do with my request
for reconsideration?

    (a) The CSU manager will reconsider the original inconsistency 
decision and send you a written decision within 45 calendar days after 
he or she receives your request. The 45 days may be extended for a good 
reason in which case you would be notified of the extension in writing. 
The reconsideration decision will give the CSU Manager's reasons for 
this new decision and it will summarize the evidence that the CSU 
manager used.
    (b) The reconsideration decision will provide information on how to 
appeal if you disagree with it.



Sec. 2568.123  Can I appeal the CSU Manager's reconsidered decision 
if I disagree with it?

    (a) Yes. If you or your legal representative disagree with the 
decision you may appeal to the appropriate Federal official designated 
in the appeal information you receive with the decision. That official 
will be either the NPS Regional Director, the USFWS Regional Director, 
or the BLM Alaska State Director, depending on the CSU where your 
proposed allotment is located.
    (b) Your appeal must:
    (1) Be in writing,
    (2) Be submitted in person to the CSU manager or correctly addressed 
and postmarked no later than 45 calendar days of when you received the 
reconsidered decision.
    (3) State any legal or factual reason(s) why you believe the 
decision is wrong. You may include any additional evidence or arguments 
to support your appeal.
    (c) The CSU manager will send your appeal to the appropriate Federal 
official, which is either the NPS Regional Director, the USFWS Regional 
Director, or the BLM Alaska State Director.
    (d) You may present oral testimony to the appropriate Federal 
official to clarify issues raised in the written record.
    (e) The appropriate Federal official will send you his or her 
written decision within 45 calendar days of when he or she receives your 
appeal. The 45 days may be extended for good reason

[[Page 164]]

in which case you would be notified of the extension in writing.
    (f) The decision of the appropriate Federal official is the final 
administrative decision of the Department of the Interior.



Group 2600_Disposition; Grants--Table of Contents





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  Applications 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 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

[[Page 165]]

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 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).

[[Page 166]]



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):
    (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

[[Page 167]]

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 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.

[[Page 168]]



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 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

[[Page 169]]

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 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.

[[Page 170]]

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.
    (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

[[Page 171]]

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.
    (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

[[Page 172]]

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 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]

[[Page 173]]



 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:

    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

[[Page 174]]

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 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.

[[Page 175]]



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, 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

[[Page 176]]

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.



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

[[Page 177]]

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 
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

[[Page 178]]

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 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

[[Page 179]]

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 
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,

[[Page 180]]

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.



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.

[[Page 181]]



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 
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

[[Page 182]]

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.
    (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

[[Page 183]]

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 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

[[Page 184]]

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.
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.

[[Page 185]]

                      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 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.

[[Page 186]]

    (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 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 Management.
    (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.

[[Page 187]]

    (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 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

[[Page 188]]

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, 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

[[Page 189]]

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 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

[[Page 190]]

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.
    (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.

[[Page 191]]

    (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);
    (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

[[Page 192]]

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 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

[[Page 193]]

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 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

[[Page 194]]

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. 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.

[[Page 195]]



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 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

[[Page 196]]

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.
    (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

[[Page 197]]

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 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

[[Page 198]]

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 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]

[[Page 199]]



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 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

[[Page 200]]

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.



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.

[[Page 201]]

    (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:
    (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.

[[Page 202]]

    (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 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

[[Page 203]]

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 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

[[Page 204]]

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;
    (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

[[Page 205]]

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 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

[[Page 206]]

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 
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

[[Page 207]]

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 (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

[[Page 208]]

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 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

[[Page 209]]

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 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]

[[Page 210]]



                      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 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.

[[Page 211]]

    (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 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

[[Page 212]]

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.



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--Table of Contents



    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-

[[Page 213]]

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.
2711.5-2  Terms, convenants, conditions, and reservations.
2711.5-3  Notice of conveyance.

    Authority: 43 U.S.C. 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. 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.

[[Page 214]]

    (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 
calendar 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 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

[[Page 215]]

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]



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.

[[Page 216]]

    (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 segregates 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 subsequent 
application will not be accepted, will not be considered as filed, and 
will be returned to the applicant if the notice segregates from the use 
applied for in the application. The segregative effect of the notice of 
realty action terminates: (i) Upon issuance of a patent or other 
document of conveyance to such lands; (ii) upon publication in the 
Federal Register of a termination of the segregation; or (iii) at the 
end of the specified segregation period, whichever occurs first. The 
segregation period may not exceed two years unless, on a case-by-case 
basis, the BLM State Director determines that the extension is necessary 
and documents, in writing, why the extension is needed. Such an 
extension will not be renewable and cannot be extended beyond the 
additional two years. If an extension is deemed necessary, the BLM will 
publish a notice following the same procedure as that stated in 
paragraph (c) of this section.
    (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; 
71 FR 67068, Nov. 20, 2006]

[[Page 217]]



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 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.

[[Page 218]]

    (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 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]

[[Page 219]]



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.



Sec. 2711.5  Conveyance documents.

    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

[[Page 220]]

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.



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]

[[Page 221]]



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
    (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

[[Page 222]]

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 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

[[Page 223]]

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 
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]

[[Page 224]]



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 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.
2742.3  Survey requirement.
2742.4  Conveyance limitations.
2742.5  Consistency with other laws.

[[Page 225]]

  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.
    (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]

[[Page 226]]



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 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

[[Page 227]]

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 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]

[[Page 228]]



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 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

[[Page 229]]

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.
    (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.

[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 
and amended at 50 FR 50301, Dec. 10, 1985; 65 FR 70112, Nov. 21, 2000]



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.

[[Page 230]]

    (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]



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.

[[Page 231]]



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, 1992, 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;
    (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.

[[Page 232]]



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, 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 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

[[Page 233]]

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.

[57 FR 32733, July 23, 1992, as amended at 73 FR 50201, Aug. 26, 2008]



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.



Group 2800_Use; Rights-of-Way--Table of Contents





PART 2800_RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND MANAGEMENT
ACT--Table of Contents



                    Subpart 2801_General Information

Sec.
2801.2  What is the objective of BLM's right-of-way program?
2801.5  What acronyms and terms are used in the regulations in this 
          part?
2801.6  Scope.
2801.8  Severability.
2801.9  When do I need a grant?
2801.10  How do I appeal a BLM decision issued under the regulations in 
          this part?

              Subpart 2802_Lands Available for FLPMA Grants

2802.10  What lands are available for grants?
2802.11  How does the BLM designate right-of-way corridors and 
          designated leasing areas?

          Subpart 2803_Qualifications for Holding FLPMA Grants

2803.10  Who may hold a grant?
2803.11  Can another person act on my behalf?
2803.12  What happens to my application or grant if I die?

                 Subpart 2804_Applying for FLPMA Grants

2804.10  What should I do before I file my application?
2804.11  Where do I file my grant application?
2804.12  What must I do when submitting my application?
2804.13  Will BLM keep my information confidential?
2804.14  What is the processing fee for a grant application?
2804.15  When does BLM reevaluate the processing and monitoring fees?
2804.16  Who is exempt from paying processing and monitoring fees?
2804.17  What is a Master Agreement (Processing Category 5) and what 
          information must I provide to BLM when I request one?

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2804.18  What provisions do Master Agreements contain and what are their 
          limitations?
2804.19  How will BLM process my Processing Category 6 application?
2804.20  How does BLM determine reasonable costs for Processing Category 
          6 or Monitoring Category 6 applications?
2804.21  What other factors will BLM consider in determining processing 
          and monitoring fees?
2804.22  How will the availability of funds affect the timing of BLM's 
          processing?
2804.23  When will the BLM use a competitive process?
2804.24  Do I always have to submit an application for a grant using 
          Standard Form 299?
2804.25  How will BLM process my application?
2804.26  Under what circumstances may BLM deny my application?
2804.27  What fees must I pay if BLM denies my application or if I 
          withdraw my application?
2804.28  What processing fees must I pay for a BLM grant application 
          associated with Federal Energy Regulatory Commission (FERC) 
          licenses or re-license applications under part I of the 
          Federal Power Act (FPA)?
2804.29  What activities may I conduct on the lands covered by the 
          proposed right-of-way while BLM is processing my application?
2804.30  What is the competitive process for solar or wind energy 
          development for lands outside of designated leasing areas?
2804.31  How will the BLM call for site testing for solar and wind 
          energy?
2804.35  How will the BLM prioritize my solar or wind energy 
          application?
2804.40  Alternative requirements.

               Subpart 2805_Terms and Conditions of Grants

2805.10  How will I know whether the BLM has approved or denied my 
          application or if my bid for a solar or wind energy 
          development grant or lease is successful or unsuccessful?
2805.11  What does a grant contain?
2805.12  What terms and conditions must I comply with?
2805.13  When is a grant effective?
2805.14  What rights does a grant convey?
2805.15  What rights does the United States retain?
2805.16  If I hold a grant, what monitoring fees must I pay?
2805.17  When do I pay monitoring fees?
2805.20  Bonding requirements.

                 Subpart 2806_Annual Rents and Payments

                           General Provisions

2806.10  What rent must I pay for my grant?
2806.11  How will BLM charge me rent?
2806.12  When and where do I pay rent?
2806.13  What happens if I do not pay rents and fees or if I pay the 
          rents or fees late?
2806.14  Under what circumstances am I exempt from paying rent?
2806.15  Under what circumstances may BLM waive or reduce my rent?
2806.16  When must I make estimated rent payments to BLM?

                          Linear Rights-of-Way

2806.20  What is the rent for a linear right-of-way grant?
2806.21  When and how are counties or other geographical areas assigned 
          to a County Zone Number and Per Acre Zone Value?
2806.22  When and how does the Per Acre Rent Schedule change?
2806.23  How will the BLM calculate my rent for linear rights-of-way the 
          Per Acre Rent Schedule covers?
2806.24  How must I make rental payments for a linear grant?
2806.25  How may I make rental payments when land encumbered by my 
          perpetual linear grant (other than an easement issued under 
          Sec. 2807.15(b)) is being transferred out of Federal 
          ownership?
2806.26  How may I make rental payments when land encumbered by my 
          perpetual easement issued under Sec. 2807.15(b) is being 
          transferred out of Federal ownership?

                    Communication Site Rights-of-Way

2806.30  What are the rents for communication site rights-of-way?
2806.31  How will BLM calculate rent for a right-of-way for 
          communication uses in the schedule?
2806.32  How does BLM determine the population strata served?
2806.33  How will BLM calculate the rent for a grant or lease 
          authorizing a single use communication facility?
2806.34  How will BLM calculate the rent for a grant or lease 
          authorizing a multiple-use communication facility?
2806.35  How will BLM calculate rent for private mobile radio service 
          (PMRS), internal microwave, and 'other'' category uses?
2806.36  If I am a tenant or customer in a facility, must I have my own 
          grant or lease and if so, how will this affect my rent?
2806.37  How will BLM calculate rent for a grant or lease involving an 
          entity with a single use (holder or tenant) having equipment 
          or occupying space in multiple BLM-authorized facilities to 
          support that single use?

[[Page 235]]

2806.38  Can I combine multiple grants or leases for facilities located 
          on one site into a single grant or lease?
2806.39  How will BLM calculate rent for a lease for a facility 
          manager's use?
2806.40  How will BLM calculate rent for a grant or lease for ancillary 
          communication uses associated with communication uses on the 
          rent schedule?
2806.41  How will BLM calculate rent for communication facilities 
          ancillary to a linear grant or other use authorization?
2806.42  How will BLM calculate rent for a grant or lease authorizing a 
          communication use within a federally-owned communication 
          facility?
2806.43  How does BLM calculate rent for passive reflectors and local 
          exchange networks?
2806.44  How will BLM calculate rent for a facility owner's or facility 
          manager's grant or lease which authorizes communication uses?

                       Solar Energy Rights-of-Way

2806.50  Rents and fees for solar energy rights-of-way.
2806.51  Scheduled Rate Adjustment.
2806.52  Rents and fees for solar energy development grants.
2806.54  Rents and fees for solar energy development leases.
2806.56  Rent for support facilities authorized under separate grant(s).
2806.58  Rent for energy development testing grants.

                        Wind Energy Rights-of-Way

2806.60  Rents and fees for wind energy rights-of-way.
2806.61  Scheduled Rate Adjustment.
2806.62  Rents and fees for wind energy development grants.
2806.64  Rents and fees for wind energy development leases.
2806.66  Rent for support facilities authorized under separate grant(s).
2806.68  Rent for energy development testing grants.

                           Other Rights-of-Way

2806.70  How will the BLM determine the payment for a grant or lease 
          when the linear, communication use, solar energy, or wind 
          energy payment schedules do not apply?

             Subpart 2807_Grant Administration and Operation

2807.10  When can I start activities under my grant?
2807.11  When must I contact BLM during operations?
2807.12  If I hold a grant, for what am I liable?
2807.13  As grant holders, what liabilities do state, tribal, and local 
          governments have?
2807.14  How will BLM notify me if someone else wants a grant for land 
          subject to my grant or near or adjacent to it?
2807.15  How is grant administration affected if the land my grant 
          encumbers is transferred to another Federal agency or out of 
          Federal ownership?
2807.16  Under what conditions may BLM order an immediate temporary 
          suspension of my activities?
2807.17  Under what conditions may BLM suspend or terminate my grant?
2807.18  How will I know that BLM intends to suspend or terminate my 
          grant?
2807.19  When my grant terminates, what happens to any facilities on it?
2807.20  When must I amend my application, seek an amendment of my 
          grant, or obtain a new grant?
2807.21  May I assign or make other changes to my grant or lease?
2807.22  How do I renew my grant or lease?

                          Subpart 2808_Trespass

2808.10  What is trespass?
2808.11  What will BLM do if it determines that I am in trespass?
2808.12  May I receive a grant if I am or have been in trespass?

Subpart 2809_Competitive Process for Leasing Public Lands for Solar and 
         Wind Energy Development Inside Designated Leasing Areas

2809.10  General.
2809.11  How will the BLM solicit nominations?
2809.12  How will the BLM select and prepare parcels?
2809.13  How will the BLM conduct competitive offers?
2809.14  What types of bids are acceptable?
2809.15  How will the BLM select the successful bidder?
2809.16  When do variable offsets apply?
2809.17  Will the BLM ever reject bids or re-conduct a competitive 
          offer?
2809.18  What terms and conditions apply to leases?
2809.19  Applications in designated leasing areas or on lands that later 
          become designated leasing areas.

    Authority: 43 U.S.C. 1733, 1740, 1763, and 1764.

    Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.

[[Page 236]]



                    Subpart 2801_General information



Sec. 2801.2  What is the objective of BLM's right-of-way program?

    It is BLM's objective to grant rights-of-way under the regulations 
in this part to any qualified individual, business, or government entity 
and to direct and control the use of rights-of-way on public lands in a 
manner that:
    (a) Protects the natural resources associated with public lands and 
adjacent lands, whether private or administered by a government entity;
    (b) Prevents unnecessary or undue degradation to public lands;
    (c) Promotes the use of rights-of-way in common considering 
engineering and technological compatibility, national security, and land 
use plans; and
    (d) Coordinates, to the fullest extent possible, all BLM actions 
under the regulations in this part with state and local governments, 
interested individuals, and appropriate quasi-public entities.



Sec. 2801.5  What acronyms and terms are used in the regulations
in this part?

    (a) Acronyms. As used in this part:
    ALJ means Administrative Law Judge.
    BLM means the Bureau of Land Management.
    CERCLA means the Comprehensive Environmental Response Compensation 
and Liability Act (42 U.S.C. 9601 et seq.).
    EA means environmental assessment.
    EIS means environmental impact statement.
    IBLA means the Department of the Interior, Board of Land Appeals.
    IPD-GDP means the Implicit Price Deflator, Gross Domestic Product, 
as published in the most recent edition of the Survey of Current 
Business of the Department of Commerce, Bureau of Economic Analysis.
    NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
    RMA means the Ranally Metro Area Population Ranking as published in 
the most recent edition of the Rand McNally Commercial Atlas and 
Marketing Guide.
    (b) Terms. As used in this part, the term:
    Acreage rent means rent assessed for solar and wind energy 
development grants and leases that is determined by the number of acres 
authorized for the grant or lease.
    Act means the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.).
    Actual costs means the financial measure of resources the Federal 
government expends or uses in processing a right-of-way application or 
in 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 costs.
    Application filing fee means a filing fee specific to solar and wind 
energy applications. This fee is an initial payment for the reasonable 
costs for processing, inspecting, and monitoring a right-of-way.
    Assignment means the transfer, in whole or in part, of any right or 
interest in a right-of-way grant or lease from the holder (assignor) to 
a subsequent party (assignee) with the BLM's written approval. A change 
in ownership of the grant or lease, or other related change-in-control 
transaction involving the holder, including a merger or acquisition, 
also constitutes an assignment for purposes of these regulations 
requiring the BLM's written approval, unless applicable statutory 
authority provides otherwise.
    Base rent means the dollar amount required from a grant or lease 
holder on BLM managed lands based on the communication use with the 
highest value in the associated facility or facilities, as calculated 
according to the communication use rent schedule. If a facility 
manager's or facility owner's scheduled rent is equal to the highest 
rent charged a tenant in the facility or facilities, then the facility 
manager's or facility owner's use determines the dollar amount of the 
base rent. Otherwise, the facility owner's, facility manager's, 
customer's, or tenant's use with the highest value, and which is not 
otherwise excluded from rent, determines the base rent.

[[Page 237]]

    Casual use means activities ordinarily resulting in no or negligible 
disturbance of the public lands, resources, or improvements. Examples of 
casual use include: Surveying, marking routes, and collecting data to 
use to prepare grant applications.
    Commercial purpose or activity refers to the circumstance where a 
holder attempts to produce a profit by allowing the use of its 
facilities by an additional party. BLM may assess an appropriate rent 
for such commercial activities. The holder's use may not otherwise be 
subject to rent charges under BLM's rental provisions.
    Communication use rent schedule is a schedule of rents for the 
following types of communication uses, including related technologies, 
located in a facility associated with a particular grant or lease. All 
use categories include ancillary communications equipment, such as 
internal microwave or internal one-or two-way radio, that are directly 
related to operating, maintaining, and monitoring the primary uses 
listed below. The Federal Communications Commission (FCC) may or may not 
license the primary uses. The type of use and community served, 
identified on an FCC license, if one has been issued, do not supersede 
either the definitions in this subpart or the procedures in Sec. 2806.30 
of this part for calculating rent for communication facilities and uses 
located on public land:
    (1) Television broadcast means a use that broadcasts UHF and VHF 
audio and video signals for general public reception. This category does 
not include low-power television (LPTV) or rebroadcast devices, such as 
translators, or transmitting devices, such as microwave relays serving 
broadcast translators;
    (2) AM and FM radio broadcast means a use that broadcasts amplitude 
modulation (AM) or frequency modulation (FM) audio signals for general 
public reception. This category does not include low-power FM radio; 
rebroadcast devices, such as translators; or boosters or microwave 
relays serving broadcast translators;
    (3) Cable television means a use that transmits video programming to 
multiple subscribers in a community over a wired or wireless network. 
This category does not include rebroadcast devices that retransmit 
television signals of one or more television broadcast stations, or 
personal or internal antenna systems, such as private systems serving 
hotels and residences;
    (4) Broadcast translator, low-power television, and low-power FM 
radio means a use of translators, LPTV, or low-power FM radio (LPFM). 
Translators receive a television or FM radio broadcast signal and 
rebroadcast it on a different channel or frequency for local reception. 
In some cases the translator relays the true signal to an amplifier or 
another translator. LPTV and LPFM are broadcast translators that 
originate programming. This category also includes translators 
associated with public telecommunication services;
    (5) Commercial mobile radio service (CMRS)/facility manager means 
commercial mobile radio uses that provide mobile communication service 
to individual customers. Examples of CMRS include: Community repeaters, 
trunked radio (specialized mobile radio), two-way radio voice dispatch, 
public switched network (telephone/data) interconnect service, microwave 
communications link equipment, and other two-way voice and paging 
services. ``Facility Managers'' are grant or lease holders that lease 
building, tower, and related facility space to a variety of tenants and 
customers as part of the holder's business enterprise, but do not own or 
operate communication equipment in the facility for their own uses;
    (6) Cellular telephone means a system of mobile or fixed 
communication devices that use a combination of radio and telephone 
switching technology and provide public switched network services to 
fixed or mobile users, or both, within a defined geographic area. The 
system consists of one or more cell sites containing transmitting and 
receiving antennas, cellular base station radio, telephone equipment, or 
microwave communications link equipment. Examples of cellular telephone 
include: Personal Communication Service, Enhanced Specialized Mobile 
Radio, Improved Mobile Telephone Service, Air-to-Ground, Offshore Radio 
Telephone Service, Cell Site Extenders, and Local Multipoint 
Distribution Service;

[[Page 238]]

    (7) Private mobile radio service (PMRS) means uses supporting 
private mobile radio systems primarily for a single entity for mobile 
internal communications. PMRS service is not sold and is exclusively 
limited to the user in support of business, community activities, or 
other organizational communication needs. Examples of PMRS include: 
Private local radio dispatch, private paging services, and ancillary 
microwave communications equipment for controlling mobile facilities;
    (8) Microwave means communication uses that:
    (i) Provide long-line intrastate and interstate public telephone, 
television, and data transmissions; or
    (ii) Support the primary business of pipeline and power companies, 
railroads, land resource management companies, or wireless internet 
service provider (ISP) companies; and
    (9) Other communication uses means private communication uses, such 
as amateur radio, personal/private receive-only antennas, natural 
resource and environmental monitoring equipment, and other small, low-
power devices used to monitor or control remote activities;
    Customer means an occupant who is paying a facility manager, 
facility owner, or tenant for using all or any part of the space in the 
facility, or for communication services, and is not selling 
communication services or broadcasting to others. We consider persons or 
entities benefitting from private or internal communication uses located 
in a holder's facility as customers for purposes of calculating rent. 
Customer uses are not included in calculating the amount of rent owed by 
a facility owner, facility manager, or tenant, except as noted in 
Secs. 2806.34(b)(4) and 2806.42 of this part. Examples of customers 
include: Users of PMRS, users in the microwave category when the 
microwave use is limited to internal communications, and all users in 
the category of ``Other communication uses'' (see paragraph (a) of the 
definition of Communication Use Rent Schedule in this section).
    Designated leasing area means a parcel of land with specific 
boundaries identified by the BLM land use planning process as being a 
preferred location for solar or wind energy development that may be 
offered competitively.
    Designated right-of-way corridor means a parcel of land with 
specific boundaries identified by law, Secretarial order, the land use 
planning process, or other management decision, as being a preferred 
location for existing and future linear rights-of-way and facilities. 
The corridor may be suitable to accommodate more than one right-of-way 
use or facility, provided that they are compatible with one another and 
the corridor designation.
    Discharge has the meaning found at 33 U.S.C. 1321(a)(2) of the Clean 
Water Act.
    Facility means an improvement or structure, whether existing or 
planned, that is or would be owned and controlled by the grant or lease 
holder within a right-of-way. For purposes of communication site rights-
of-way or uses, facility means the building, tower, and related 
incidental structures or improvements authorized under the terms of the 
grant or lease.
    Facility manager means a person or entity that leases space in a 
facility to communication users and:
    (1) Holds a communication use grant or lease;
    (2) Owns a communications facility on lands covered by that grant or 
lease; and
    (3) Does not own or operate communications equipment in the facility 
for personal or commercial purposes.
    Facility owner means a person or entity that may or may not lease 
space in a facility to communication users and:
    (1) Holds a communication use grant or lease;
    (2) Owns a communications facility on lands covered by that grant or 
lease; and
    (3) Owns and operates his or her own communications equipment in the 
facility for personal or commercial purposes.
    Grant means any authorization or instrument (e.g., easement, lease, 
license, or permit) BLM issues under Title V of the Federal Land Policy 
and Management Act, 43 U.S.C. 1761 et seq., and those authorizations and 
instruments BLM and its predecessors issued for like purposes before 
October 21,

[[Page 239]]

1976, under then existing statutory authority. It does not include 
authorizations issued under the Mineral Leasing Act (30 U.S.C. 185).
    Hazardous material means:
    (1) Any substance or material defined as hazardous, a pollutant, or 
a contaminant under CERCLA at 42 U.S.C. 9601(14) and (33);
    (2) Any regulated substance contained in or released from 
underground storage tanks, as defined by the Resource Conservation and 
Recovery Act at 42 U.S.C. 6991;
    (3) Oil, as defined by the Clean Water Act at 33 U.S.C. 1321(a) and 
the Oil Pollution Act at 33 U.S.C. 2701(23); or
    (4) Other substances applicable Federal, state, tribal, or local law 
define and regulate as ``hazardous.''
    Holder means any entity with a BLM right-of-way authorization.
    Management overhead costs means Federal expenditures associated with 
a particular Federal agency's directorate. The BLM's directorate 
includes all State Directors and the entire Washington Office staff, 
except where a State Director or Washington Office staff member is 
required to perform work on a specific right-of-way case.
    Megawatt (MW) capacity fee means the fee paid in addition to the 
acreage rent for solar and wind energy development grants and leases. 
The MW capacity fee is the approved MW capacity of the solar or wind 
energy grant or lease multiplied by the appropriate MW rate. A grant or 
lease may provide for stages of development, and the grantee or lessee 
will be charged a fee for each stage by multiplying the MW rate by the 
approved MW capacity for the stage of the project.
    Megawatt rate means the price of each MW of capacity for various 
solar and wind energy technologies as determined by the MW rate formula. 
Current MW rates are found on the BLM's MW rate schedule, which can be 
obtained at any BLM office or at http://www.blm.gov. The MW rate is 
calculated by multiplying the total hours per year by the net capacity 
factor, by the MW hour (MWh) price, and by the rate of return, where:
    (1) Net capacity factor means the average operational time divided 
by the average potential operational time of a solar or wind energy 
development, multiplied by the current technology efficiency rates. The 
BLM establishes net capacity factors for different technology types but 
may determine another net capacity factor to be more appropriate, on a 
case-by-case or regional basis, to reflect changes in technology, such 
as a solar or wind project that employs energy storage technologies, or 
if a grant or lease holder or applicant is able to demonstrate that 
another net capacity factor is appropriate for a particular project or 
region. The net capacity factor for each technology type is:
    (i) Photovoltaic (PV)--20 percent;
    (ii) Concentrated photovoltaic (CPV) and concentrated solar power 
(CSP)--25 percent;
    (iii) CSP with storage capacity of 3 hours or more--30 percent; and
    (iv) Wind energy--35 percent;
    (2) Megawatt hour (MWh) price means the 5 calendar-year average of 
the annual weighted average wholesale prices per MWh for the major 
trading hubs serving the 11 western States of the continental United 
States (U.S.);
    (3) Rate of return means the relationship of income (to the property 
owner) to revenue generated from authorized solar and wind energy 
development facilities based on the 10-year average of the 20-year U.S. 
Treasury bond yield rounded to the nearest one-tenth percent; and
    (4) Hours per year means the total number of hours in a year, which, 
for purposes of this part, means 8,760 hours.
    Monetary value of the rights and privileges you seek means the 
objective value of the right-of-way or what the right-of-way grant is 
worth in financial terms to the applicant.
    Monitoring means those actions the Federal government performs to 
ensure compliance with the terms, conditions, and stipulations of a 
grant.
    (1) For Monitoring Categories 1 through 4, the actions include 
inspecting construction, operation, maintenance, and termination of 
permanent or temporary facilities and protection and rehabilitation 
activities until the holder completes rehabilitation of the right-of-way 
and BLM approves it;

[[Page 240]]

    (2) For Monitoring Category 5 (Master Agreements), those actions 
agreed to in the Master Agreement; and
    (3) For Monitoring Category 6, those actions agreed to between BLM 
and the applicant before BLM issues the grant.
    Performance and reclamation bond means the document provided by the 
holder of a right-of-way grant or lease that provides the appropriate 
financial guarantees, including cash, to cover potential liabilities or 
specific requirements identified by the BLM for the construction, 
operation, decommissioning, and reclamation of an authorized right-of-
way on public lands.
    (1) Acceptable bond instruments. The BLM will accept cash, cashier's 
or certified check, certificate or book entry deposits, negotiable U.S. 
Treasury securities, and surety bonds from the approved list of sureties 
(U.S. Treasury Circular 570) payable to the BLM. Irrevocable letters of 
credit payable to the BLM and issued by banks or financial institutions 
organized or authorized to transact business in the United States are 
also acceptable bond instruments. An insurance policy can also qualify 
as an acceptable bond instrument, provided that the BLM is a named 
beneficiary of the policy, and the BLM determines that the insurance 
policy will guarantee performance of financial obligations and was 
issued by an insurance carrier that has the authority to issue policies 
in the applicable jurisdiction and whose insurance operations are 
organized or authorized to transact business in the United States.
    (2) Unacceptable bond instruments. The BLM will not accept a 
corporate guarantee as an acceptable form of bond instrument.
    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 BLM without regard to how the United States 
acquired ownership, except lands:
    (1) Located on the Outer Continental Shelf; and
    (2) Held for the benefit of Indians, Aleuts, and Eskimos.
    Reasonable costs has the meaning found at section 304(b) of the Act.
    Reclamation cost estimate (RCE) means the estimate of costs to 
restore the land to a condition that will support pre-disturbance land 
uses. This includes the cost to remove all improvements made under the 
right-of-way authorization, return the land to approximate original 
contour, and establish a sustainable vegetative community, as required 
by the BLM. The RCE will be used to establish the appropriate amount for 
financial guarantees of land uses on the public lands, including those 
uses authorized by right-of-way grants or leases issued under this part.
    Release has the meaning found at 42 U.S.C. 9601(22) of CERCLA.
    Right-of-way means the public lands that the BLM authorizes a holder 
to use or occupy under a particular grant or lease.
    Screening criteria for solar and wind energy development refers to 
the policies and procedures that the BLM uses to prioritize how it 
processes solar and wind energy development right-of-way applications to 
facilitate the environmentally responsible development of such 
facilities through the consideration of resource conflicts, land use 
plans, and applicable statutory and regulatory requirements. 
Applications for projects with lesser resource conflicts are anticipated 
to be less costly and time-consuming for the BLM to process and will be 
prioritized over those with greater resource conflicts.
    Short-term right-of-way grant means any grant issued for a term of 3 
years or less for such uses as storage sites, construction areas, and 
site testing and monitoring activities, including site characterization 
studies and environmental monitoring.
    Site means an area, such as a mountaintop, where a holder locates 
one or more communication or other right-of-way facilities.
    Substantial deviation means a change in the authorized location or 
use which requires:
    (1) Construction or use outside the boundaries of the right-of-way; 
or
    (2) Any change from, or modification of, the authorized use. 
Examples of substantial deviation include: Adding equipment, overhead or 
underground lines, pipelines, structures, or other facilities not 
included in the original grant.

[[Page 241]]

    Tenant means an occupant who is paying a facility manager, facility 
owner, or other entity for occupying and using all or any part of a 
facility. A tenant operates communication equipment in the facility for 
profit by broadcasting to others or selling communication services. For 
purposes of calculating the amount of rent that BLM charges, a tenant's 
use does not include:
    (1) Private mobile radio or internal microwave use that is not being 
sold; or
    (2) A use in the category of ``Other Communication Uses'' (see 
paragraph (a) of the definition of Communication Use Rent Schedule in 
this section).
    Third party means any person or entity other than BLM, the 
applicant, or the holder of a right-of-way authorization.
    Tramway means a system for carrying passengers, logs, or other 
material using traveling carriages or cars suspended from an overhead 
cable or cables supported by a series of towers, hangers, tailhold 
anchors, guyline trees, etc.
    Transportation and utility corridor means a parcel of land, without 
fixed limits or boundaries, that holders use as the location for one or 
more transportation or utility rights-of-way.
    Zone means one of eight geographic groupings necessary for linear 
right-of-way rent assessment purposes, covering all lands in the 
contiguous United States.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92205, Dec. 19, 2016]



Sec. 2801.6  Scope.

    (a) What do these regulations apply to? The regulations in this part 
apply to:
    (1) Grants for necessary transportation or other systems and 
facilities which are in the public interest and which require the use of 
public lands for the purposes identified in 43 U.S.C. 1761, and 
administering, amending, assigning, renewing, and terminating them;
    (2) Grants to Federal departments or agencies for all systems and 
facilities identified inSec. 2801.9(a), including grants for 
transporting by pipeline and related facilities, commodities such as 
oil, natural gas, synthetic liquid or gaseous fuels, and any refined 
products produced from them; and
    (3) Grants issued on or before October 21, 1976, under then existing 
statutory authority, unless application of these regulations would 
diminish or reduce any rights conferred by the original grant or the 
statute under which it was issued. Where there would be a diminishment 
or reduction in any right, the grant or statute applies.
    (b) What don't these regulations apply to? The regulations in this 
part do not apply to:
    (1) Federal Aid Highways, for which Federal Highway Administration 
procedures apply;
    (2) Roads constructed or used according to reciprocal and cost share 
road use agreement under subpart 2812 of this chapter;
    (3) Lands within designated wilderness areas, although BLM may 
authorize some uses under parts 2920 and 6300 of this chapter;
    (4) Grants to holders other than Federal departments or agencies for 
transporting by pipeline and related facilities oil, natural gas, 
synthetic liquid or gaseous fuels, or any refined product produced from 
them (see part 2880 of this chapter);
    (5) Public highways constructed under the authority of Revised 
Statute (R.S.) 2477 (43 U.S.C. 932, repealed October 21, 1976);
    (6) Reservoirs, canals, and ditches constructed under the authority 
of R.S. 2339 and R.S. 2340 (43 U.S.C. 661, repealed in part, October 21, 
1976); or
    (7)(i) Any project or portion of a project that, prior to October 
24, 1992, was licensed under, or granted an exemption from, part I of 
the Federal Power Act (FPA) (16 U.S.C. 791a et seq.) which:
    (A) Is located on lands subject to a reservation under section 24 
(16 U.S.C. 818) of the FPA;
    (B) Did not receive a grant under Title V of the Federal Land Policy 
and Management Act (FLPMA) before October 24, 1992; and
    (C) Includes continued operation of such project (license renewal) 
under section 15 (16 U.S.C. 808) of the FPA;
    (ii) Paragraph (b)(7)(i) of this section does not apply to any 
additional public

[[Page 242]]

lands the project uses that are not subject to the reservation in 
paragraph (b)(7)(i)(A) of this section.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 19, 2016]



Sec. 2801.8  Severability.

    If a court holds any provisions of the regulations in this part or 
their applicability to any person or circumstances invalid, the 
remainder of these rules and their applicability to other people or 
circumstances will not be affected.



Sec. 2801.9  When do I need a grant?

    (a) You must have a grant under this part when you plan to use 
public lands for systems or facilities over, under, on, or through 
public lands. These include, but are not limited to:
    (1) Reservoirs, canals, ditches, flumes, laterals, pipelines, 
tunnels, and other systems which impound, store, transport, or 
distribute water;
    (2) Pipelines and other systems for transporting or distributing 
liquids and gases, other than water and other than oil, natural gas, 
synthetic liquid or gaseous fuels, or any refined products from them, or 
for storage and terminal facilities used in connection with them;
    (3) Pipelines, slurry and emulsion systems, and conveyor belts for 
transporting and distributing solid materials and facilities for storing 
such materials in connection with them;
    (4) Systems for generating, transmitting, and distributing 
electricity, including solar and wind energy development facilities and 
associated short-term actions, such as site and geotechnical testing for 
solar and wind energy projects;
    (5) Systems for transmitting or receiving electronic signals and 
other means of communication;
    (6) Transportation systems, such as roads, trails, highways, 
railroads, canals, tunnels, tramways, airways, and livestock driveways; 
and
    (7) Such other necessary transportation or other systems or 
facilities, including any temporary or short-term surface disturbing 
activities associated with approved systems or facilities, which are in 
the public interest and which require rights-of-way.
    (b) If you apply for a right-of-way grant for generating, 
transmitting, and distributing electricity, you must also comply with 
the applicable requirements of the Federal Energy Regulatory Commission 
under the Federal Power Act of 1935, 16 U.S.C. 791a et seq., and 18 CFR 
chapter I.
    (c) See part 2880 of this chapter for information about 
authorizations BLM issues under the Mineral Leasing Act for transporting 
oil and gas resources.
    (d) All systems, facilities, and related activities for solar and 
wind energy projects are specifically authorized as follows:
    (1) Energy site-specific testing activities, including those with 
individual meteorological towers and instrumentation facilities, are 
authorized with a short-term right-of-way grant issued for 3 years or 
less;
    (2) Energy project-area testing activities are authorized with a 
short-term right-of-way grant for an initial term of 3 years or less 
with the option to renew for one additional 3-year period under 
Sec. 2805.14(h) when the renewal application is accompanied by an energy 
development application;
    (3) Solar and wind energy development facilities located outside 
designated leasing areas, and those facilities located inside designated 
leasing areas under Sec. 2809.17(d)(2), are authorized with a right-of-
way grant issued for up to 30 years (plus the initial partial year of 
issuance). An application for renewal of the grant may be submitted 
under Sec. 2805.14(g);
    (4) Solar and wind energy development facilities located inside 
designated leasing areas are authorized with a solar or wind energy 
development lease when issued competitively under subpart 2809. The term 
is fixed for 30 years (plus the initial partial year of issuance). An 
application for renewal of the lease may be submitted under 
Sec. 2805.14(g); and
    (5) Other associated actions not specifically included in 
Sec. 2801.9(d)(1) through (4), such as geotechnical testing and other 
temporary land disturbing activities, are authorized with a short-term 
right-of-way grant issued for 3 years or less.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 19, 2016]

[[Page 243]]



Sec. 2801.10  How do I appeal a BLM decision issued under the
regulations in this part?

    (a) You may appeal a BLM decision issued under the regulations in 
this part in accordance with part 4 of this title.
    (b) All BLM decisions under this part remain in effect pending 
appeal unless the Secretary of the Interior rules otherwise, or as noted 
in this part. You may petition for a stay of a BLM decision under this 
part with the Office of Hearings and Appeals, Department of the 
Interior. Unless otherwise noted in this part, BLM will take no action 
on your application while your appeal is pending.



              Subpart 2802_Lands Available for FLPMA Grants



Sec. 2802.10  What lands are available for grants?

    (a) In its discretion, BLM may grant rights-of-way on any lands 
under its jurisdiction except when:
    (1) A statute, regulation, or public land order specifically 
excludes rights-of-way;
    (2) The lands are specifically segregated or withdrawn from right-
of-way uses; or
    (3) BLM identifies areas in its land use plans or in the analysis of 
an application as inappropriate for right-of-way uses.
    (b) BLM may require common use of a right-of-way and may require, to 
the extent practical, location of new rights-of-way within existing or 
designated right-of-way corridors (see Sec. 2802.11 of this subpart). 
Safety and other considerations may limit the extent to which you may 
share a right-of-way. BLM will designate right-of-way corridors through 
land use plan decisions.
    (c) You should contact the BLM office nearest the lands you seek to 
use to:
    (1) Determine whether or not the land you want to use is available 
for that use; and
    (2) Begin discussions about any application you may need to file.



Sec. 2802.11  How does the BLM designate right-of-way corridors
and designated leasing areas?

    (a) The BLM may determine the locations and boundaries of right-of-
way corridors or designated leasing areas during the land use planning 
process described in part 1600 of this chapter. During this process, the 
BLM coordinates with other Federal agencies, State, local, and tribal 
governments, and the public to identify resource-related issues, 
concerns, and needs. The process results in a resource management plan 
or plan amendment, which addresses the extent to which you may use 
public lands and resources for specific purposes.
    (b) When determining which lands may be suitable for right-of-way 
corridors or designated leasing areas, the factors the BLM considers 
include, but are not limited to, the following:
    (1) Federal, state, and local land use plans, and applicable 
Federal, state, local, and tribal laws;
    (2) Environmental impacts on cultural resources and natural 
resources, including air, water, soil, fish, wildlife, and vegetation;
    (3) Physical effects and constraints on corridor placement or 
leasing areas due to geology, hydrology, meteorology, soil, or land 
forms;
    (4) Costs of construction, operation, and maintenance and costs of 
modifying or relocating existing facilities in a proposed right-of-way 
corridor or designated leasing area (i.e., the economic efficiency of 
placing a right-of-way within a proposed corridor or providing a lease 
inside a designated leasing area);
    (5) Risks to national security;
    (6) Potential health and safety hazards imposed on the public by 
facilities or activities located within the proposed right-of-way 
corridor or designated leasing area;
    (7) Social and economic impacts of the right-of-way corridor or 
designated leasing area on public land users, adjacent landowners, and 
other groups or individuals;
    (8) Transportation and utility corridor studies previously developed 
by user groups; and

[[Page 244]]

    (9) Engineering and technological compatibility of proposed and 
existing facilities.
    (c) BLM may designate any transportation and utility corridor 
existing prior to October 21, 1976, as a transportation and utility 
corridor without further review.
    (d) The resource management plan or plan amendment may also identify 
areas where the BLM will not allow right-of-way corridors or designated 
leasing areas for environmental, safety, or other reasons.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 20, 2016]



          Subpart 2803_Qualifications for Holding FLPMA Grants



Sec. 2803.10  Who may hold a grant?

    To hold a grant under these regulations, you must be:
    (a) An individual, association, corporation, partnership, or similar 
business entity, or a Federal agency or state, tribal, or local 
government;
    (b) Technically and financially able to construct, operate, 
maintain, and terminate the use of the public lands you are applying 
for; and
    (c) Of legal age and authorized to do business in the state where 
the right-of-way you seek is located.



Sec. 2803.11  Can another person act on my behalf?

    Another person may act on your behalf if you have authorized the 
person to do so under the laws of the state where the right-of-way is or 
will be located.



Sec. 2803.12  What happens to my application or grant if I die?

    (a) If an applicant or grant holder dies, any inheritable interest 
in an application or grant will be distributed under state law.
    (b) If the distributee of a grant is not qualified to hold a grant 
under Sec. 2803.10 of this subpart, BLM will recognize the distributee 
as grant holder and allow the distributee to hold its interest in the 
grant for up to two years. During that period, the distributee must 
either become qualified or divest itself of the interest.



                 Subpart 2804_Applying for FLPMA Grants



Sec. 2804.10  What should I do before I file my application?

    (a) Before filing an application with BLM, we encourage you to make 
an appointment for a preapplication meeting with the appropriate 
personnel in the BLM field office having jurisdiction over the lands you 
seek to use. During the preapplication meeting, BLM can:
    (1) Identify potential routing and other constraints;
    (2) Determine whether the lands are located inside a designated or 
existing right-of-way corridor or a designated leasing area;
    (3) Tentatively schedule the processing of your proposed 
application; and
    (4) Inform you of your financial obligations, such as processing and 
monitoring costs and rents.
    (b) Subject to Sec. 2804.13 of this subpart, BLM may share any 
information you provide under paragraph (a) of this section with 
Federal, state, tribal, and local government agencies to ensure that:
    (1) These agencies are aware of any authorizations you may need from 
them; and
    (2) We initiate effective coordinated planning as soon as possible.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 19, 2016]



Sec. 2804.11  Where do I file my grant application?

    (a) You must file the grant application in the BLM field office 
having jurisdiction over the lands affected by your application.
    (b) If your application affects more than one BLM administrative 
unit, you may file at any BLM office having jurisdiction over any part 
of the project. BLM will notify you where to direct subsequent 
communications.



Sec. 2804.12  What must I do when submitting my application?

    (a) File your application on Standard Form 299, available from any 
BLM office or at http://www.blm.gov, and fill in the required 
information as completely as possible. Your completed application must 
include the following:

[[Page 245]]

    (1) A description of the project and the scope of the facilities;
    (2) The estimated schedule for constructing, operating, maintaining, 
and terminating the project;
    (3) The estimated life of the project and the proposed construction 
and reclamation techniques;
    (4) A map of the project, showing its proposed location and existing 
facilities adjacent to the proposal;
    (5) A statement of your financial and technical capability to 
construct, operate, maintain, and terminate the project;
    (6) Any plans, contracts, agreements, or other information 
concerning your use of the right-of-way and its effect on competition;
    (7) A statement certifying that you are of legal age and authorized 
to do business in the State(s) where the right-of-way would be located 
and that you have submitted correct information to the best of your 
knowledge; and
    (8) A schedule for the submission of a plan of development (POD) 
conforming to the POD template at http://www.blm.gov, should the BLM 
require you to submit a POD under Sec. 2804.25(c).
    (b) When submitting an application for a solar or wind energy 
development project or for a transmission line project with a capacity 
of 100 kV or more, in addition to the information required in paragraph 
(a) of this section, you must:
    (1) Include a general description of the proposed project and a 
schedule for the submission of a POD conforming to the POD template at 
http://www.blm.gov;
    (2) Address all known potential resource conflicts with sensitive 
resources and values, including special designations or protections, and 
include applicant-proposed measures to avoid, minimize, and compensate 
for such resource conflicts, if any;
    (3) Initiate early discussions with any grazing permittees that may 
be affected by the proposed project in accordance with 43 CFR 4110.4-
2(b); and
    (4) Within 6 months from the time the BLM receives the cost recovery 
fee under Sec. 2804.14, schedule and hold two preliminary application 
review meetings as follows:
    (i) The first meeting will be with the BLM to discuss the general 
project proposal, the status of BLM land use planning for the lands 
involved, potential siting issues or concerns, potential environmental 
issues or concerns, potential alternative site locations and the right-
of-way application process;
    (ii) The second meeting will be with appropriate Federal and State 
agencies and tribal and local governments to facilitate coordination of 
potential environmental and siting issues and concerns; and
    (iii) You and the BLM may agree to hold additional preliminary 
application review meetings.
    (c) When submitting an application for a solar or wind energy 
project under this subpart rather than subpart 2809, you must:
    (1) Propose a project sited on lands outside a designated leasing 
area, except as provided for by Sec. 2809.19; and
    (2) Pay an application filing fee of $15 per acre for solar or wind 
energy development applications and $2 per acre for energy project-area 
testing applications. The BLM will refund your fee, except for the 
reasonable costs incurred on your behalf, if you are the unsuccessful 
bidder in a competitive offer held under Sec. 2804.30 or subpart 2809. 
The BLM will adjust the application filing fee at least once every 10 
years using the change in the Implicit Price Deflator, Gross Domestic 
Product (IPD-GDP) for the preceding 10-year period and round it to the 
nearest one-half dollar. This 10-year average will be adjusted at the 
same time as the Per Acre Rent Schedule for linear rights-of-way under 
Sec. 2806.22.
    (d) If you are unable to meet a requirement of the application 
outlined in this section, you may submit a request for an alternative 
requirement under Sec. 2804.40.
    (e) If you are a business entity, you must also submit the following 
information:
    (1) Copies of the formal documents creating the entity, such as 
articles of incorporation, and including the corporate bylaws;
    (2) Evidence that the party signing the application has the 
authority to bind the applicant;

[[Page 246]]

    (3) The name and address of each participant in the business;
    (4) The name and address of each shareholder owning 3 percent or 
more of the shares and the number and percentage of any class of voting 
shares of the entity which such shareholder is authorized to vote;
    (5) The name and address of each affiliate of the business;
    (6) The number of shares and the percentage of any class of voting 
stock owned by the business, directly or indirectly, in any affiliate 
controlled by the business;
    (7) The number of shares and the percentage of any class of voting 
stock owned by an affiliate, directly or indirectly, in the business 
controlled by the affiliate; and
    (8) If you have already provided the information in paragraphs 
(b)(1) through (7) of this section to the BLM and the information 
remains accurate, you need only reference the BLM serial number under 
which you previously filed it.
    (f) The BLM may require you to submit additional information at any 
time while processing your application. See Sec. 2884.11(c) of this 
chapter for the type of information we may require.
    (g) If you are a Federal oil and gas lessee or operator and you need 
a right-of-way for access to your production facilities or oil and gas 
lease, you may include your right-of-way requirements with your 
Application for Permit to Drill or Sundry Notice required under parts 
3160 through 3190 of this chapter.
    (h) If you are filing with another Federal agency for a license, 
certificate of public convenience and necessity, or other authorization 
for a project involving a right-of-way on public lands, simultaneously 
file an application with the BLM for a grant. Include a copy of the 
materials, or reference all the information, you filed with the other 
Federal agency.
    (i) Inter-agency coordination. You may request, in writing, an 
exemption from the requirements of this section if you can demonstrate 
to the BLM that you have satisfied similar requirements by participating 
in an inter-agency coordination process with another Federal, State, 
local, or Tribal authority. No exemption is approved until you receive 
BLM approval in writing.

[81 FR 92207, Dec. 19, 2016]



Sec. 2804.13  Will BLM keep my information confidential?

    BLM will keep confidential any information in your application that 
you mark as ``confidential'' or ``proprietary'' to the extent allowed by 
law.



Sec. 2804.14  What is the processing fee for a grant application?

    (a) Unless you are exempt under Sec. 2804.16, you must pay a fee to 
the BLM for the reasonable costs of processing your application. Subject 
to applicable laws and regulations, if processing your application 
involves Federal agencies other than the BLM, your fee may also include 
the reasonable costs estimated to be incurred by those Federal agencies. 
Instead of paying the BLM a fee for the reasonable costs incurred by 
other Federal agencies in processing your application, you may pay other 
Federal agencies directly for such costs. Reasonable costs are those 
costs as defined in Section 304(b) of FLPMA (43 U.S.C. 1734(b)). The 
fees for Processing Categories 1 through 4 (see paragraph (b) of this 
section) are one-time fees and are not refundable. The fees are 
categorized based on an estimate of the amount of time that the Federal 
Government will expend to process your application and issue a decision 
granting or denying the application.
    (b) There is no processing fee if the Federal Government's work is 
estimated to take 1 hour or less. Processing fees are based on 
categories. The BLM will update the processing fees for Categories 1 
through 4 in the schedule each calendar year, based on the previous 
year's change in the IPD-GDP, as measured second quarter to second 
quarter, rounded to the nearest dollar. The BLM will update Category 5 
processing fees as specified in the Master Agreement. These categories 
and the estimated range of Federal work hours for each category are:

[[Page 247]]



                          Processing Categories
------------------------------------------------------------------------
            Processing category              Federal work hours involved
------------------------------------------------------------------------
(1) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >1  8
 existing grants.
(2) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >8  24
 existing grants.
(3) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >24  36
 existing grants.
(4) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >36  50
 existing grants.
(5) Master agreements......................  Varies
(6) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >50
 existing grants.
------------------------------------------------------------------------

    (c) You may obtain a copy of the current year's processing fee 
schedule from any BLM State, district, or field office or by writing: 
U.S. Department of the Interior, Bureau of Land Management, 20 M Street 
SE., Room 2134LM, Washington, DC 20003. The BLM also posts the current 
processing fee schedule at http://www.blm.gov.
    (d) After an initial review of your application, BLM will notify you 
of the processing category into which your application fits. You must 
then submit the appropriate payment for that category before BLM begins 
processing your application. Your signature on a cost recovery Master 
Agreement constitutes your agreement with the processing category 
decision. If you disagree with the category that BLM has determined for 
your application, you may appeal the decision under Sec. 2801.10 of this 
part. For Processing Categories 5 and 6 applications, see Secs. 2804.17, 
2804.18, and 2804.19 of this subpart. If you paid the processing fee and 
you appeal a Processing Category 1 through 4 or a Processing Category 6 
determination, BLM will process your application while the appeal is 
pending. If IBLA finds in your favor, you will receive a refund or 
adjustment of your processing fee.
    (e) In processing your application, BLM may determine at any time 
that the application requires preparing an EIS. If this occurs, BLM will 
send you a decision changing your processing category to Processing 
Category 6. You may appeal this decision under Sec. 2801.10 of this 
part.
    (f) To expedite processing of your application, you may notify BLM 
in writing that you are waiving paying reasonable costs and are electing 
to pay the full actual costs incurred by BLM in processing your 
application and monitoring your grant.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92208, Dec. 19, 2016]



Sec. 2804.15  When does BLM reevaluate the processing and monitoring
fees?

    BLM reevaluates the processing and monitoring fees (see Sec. 2805.16 
of this part) for each category and the categories themselves within 5 
years after they go into effect and at 10-year intervals after that. 
When reevaluating processing and monitoring fees, BLM considers all 
factors that affect the fees, including, but not limited to, any changes 
in:
    (a) Technology;
    (b) The procedures for processing applications and monitoring 
grants;
    (c) Statutes and regulations relating to the right-of-way program; 
or
    (d) The IPD-GDP.



Sec. 2804.16  Who is exempt from paying processing and monitoring
fees?

    You are exempt from paying processing and monitoring fees if:
    (a) You are a state or local government, or an agency of such a 
government, and BLM issues the grant for governmental purposes 
benefitting the general public. If your principal source of revenue 
results from charges you levy on customers for services similar to those 
of a profit-making corporation or business, you are not exempt; or
    (b) Your application under this subpart is associated with a cost-
share road or reciprocal right-of-way agreement.

[[Page 248]]



Sec. 2804.17  What is a Master Agreement (Processing Category 5) 
and what information must I provide to BLM when I request one?

    (a) A Master Agreement (Processing Category 5) is a written 
agreement covering processing and monitoring fees (see Sec. 2805.16 of 
this part) negotiated between BLM and you that involves multiple BLM 
grant approvals for projects within a defined geographic area.
    (b) Your request for a Master Agreement must:
    (1) Describe the geographic area covered by the Agreement and the 
scope of the activity you plan;
    (2) Include a preliminary work plan. This plan must state what work 
you must do and what work BLM must do to process your application. Both 
parties must periodically update the work plan, as specified in the 
Agreement, and mutually agree to the changes;
    (3) Contain a preliminary cost estimate and a timetable for 
processing the application and completing the projects;
    (4) State whether you want the Agreement to apply to future 
applications in the same geographic area that are not part of the same 
projects; and
    (5) Contain any other relevant information that BLM needs to process 
the application.



Sec. 2804.18  What provisions do Master Agreements contain and what
are their limitations?

    (a) A Master Agreement:
    (1) Specifies that you must comply with all applicable laws and 
regulations;
    (2) Describes the work you will do and the work BLM will do to 
process the application;
    (3) Describes the method of periodic billing, payment, and auditing;
    (4) Describes the processes, studies, or evaluations you will pay 
for;
    (5) Explains how BLM will monitor the grant and how BLM will recover 
monitoring costs;
    (6) Describes existing agreements between the BLM and other Federal 
agencies for cost reimbursement;
    (7) Contains provisions allowing for periodic review and updating, 
if required;
    (8) Contains specific conditions for terminating the Agreement; and
    (9) Contains any other provisions BLM considers necessary.
    (b) BLM will not enter into any Agreement that is not in the public 
interest.
    (c) If you sign a Master Agreement, you waive your right to request 
a reduction of processing and monitoring fees.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.19  How will BLM process my Processing Category 6 
application?

    (a) For Processing Category 6 applications, you and the BLM must 
enter into a written agreement that describes how the BLM will process 
your application. The final agreement consists of a work plan, a 
financial plan, and a description of any existing agreements you have 
with other Federal agencies for cost reimbursement associated with your 
application.
    (b) In processing your application, BLM will:
    (1) Determine the issues subject to analysis under NEPA;
    (2) Prepare a preliminary work plan;
    (3) Develop a preliminary financial plan, which estimates the 
reasonable costs of processing your application and monitoring your 
project;
    (4) Discuss with you:
    (i) The preliminary plans and data;
    (ii) The availability of funds and personnel;
    (iii) Your options for the timing of processing and monitoring fee 
payments; and
    (iv) Financial information you must submit; and
    (5) Complete final scoping and develop final work and financial 
plans which reflect any work you have agreed to do. BLM will also 
present you with the final estimate of the reasonable costs you must 
reimburse BLM, including the cost for monitoring the project, using the 
factors in Secs. 2804.20 and 2804.21 of this subpart.
    (c) BLM retains the option to prepare any environmental documents 
related to your application. If BLM allows you to prepare any 
environmental documents and conduct any studies that BLM needs to 
process your application,

[[Page 249]]

you must do the work following BLM standards. For this purpose, you and 
BLM may enter into a written agreement. BLM will make the final 
determinations and conclusions arising from such work.
    (d) BLM will periodically, as stated in the agreement, estimate 
processing costs for a specific work period and notify you of the amount 
due. You must pay the amount due before BLM will continue working on 
your application. If your payment exceeds the reasonable costs that BLM 
incurred for the work, BLM will either adjust the next billing to 
reflect the excess, or refund you the excess under 43 U.S.C. 1734. You 
may not deduct any amount from a payment without BLM's prior written 
approval.
    (e) We may collect reimbursement for reasonable costs to the United 
States for processing applications and other documents under this part 
relating to the public lands.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.20  How does BLM determine reasonable costs for Processing
Category 6 or Monitoring Category 6 applications?

    BLM will consider the factors in paragraph (a) of this section and 
Sec. 2804.21 of this subpart to determine reasonable costs. Submit to 
the BLM field office having jurisdiction over the lands covered by your 
application a written analysis of those factors applicable to your 
project, unless you agree in writing to waive consideration of 
reasonable costs and elect to pay full actual costs (see Sec. 2804.14(f) 
of this subpart). Submitting your analysis with the application will 
expedite its handling. BLM may require you to submit additional 
information in support of your position. While we consider your written 
analysis, BLM will not process your Category 6 application.
    (a) FLPMA factors. If your application is for a Processing Category 
6, or a Monitoring Category 6 project, the BLM State Director having 
jurisdiction over the lands you are applying to use will apply the 
following factors set forth at section 304(b) of FLPMA, 43 U.S.C. 
1734(b), to determine the amount you owe. With your application, submit 
your analysis of how each of the following factors applies to your 
application:
    (1) Actual costs to the Federal Government (exclusive of management 
overhead costs) of processing your application and of monitoring 
construction, operation, maintenance, and termination of a facility 
authorized by the right-of-way grant;
    (2) Monetary value of the rights or privileges you seek;
    (3) BLM's ability to process an application with maximum efficiency 
and minimum expense, waste, and effort;
    (4) Costs incurred for the benefit of the general public interest 
rather than for the exclusive benefit of the applicant. That is, the 
costs for studies and data collection that have value to the Federal 
Government or the general public apart from processing the application;
    (5) Any tangible improvements, such as roads, trails, and recreation 
facilities, which provide significant public service and are expected in 
connection with constructing and operating the facility;
    (6) Existing agreements between the BLM and other Federal agencies 
for cost reimbursement associated with such application; and
    (7) Other factors relevant to the reasonableness of the costs (see 
Sec. 2804.21 of this subpart).
    (b) Fee determination. After considering your analysis and other 
information, BLM will notify you in writing of what you owe. If you 
disagree with BLM's determination, you may appeal it under Sec. 2801.10 
of this part.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.21  What other factors will BLM consider in determining
processing and monitoring fees?

    (a) Other factors. If you include this information in your 
application, in arriving at your processing or monitoring fee in any 
category, the BLM State Director will consider whether:
    (1) Payment of actual costs would:
    (i) Result in undue financial hardship to your small business, and 
you would receive little monetary value from your grant as compared to 
the costs of processing and monitoring; or

[[Page 250]]

    (ii) Create such undue financial hardship as to prevent your use and 
enjoyment of your right-of-way for a non-commercial purpose.
    (2) The costs of processing the application and monitoring the 
issued grant grossly exceed the costs of constructing the project;
    (3) You are a non-profit organization, corporation, or association 
which is not controlled by or a subsidiary of a profit-making 
enterprise; and
    (i) The studies undertaken in connection with processing the 
application or monitoring the grant have a public benefit; or
    (ii) The facility or project will provide a benefit or special 
service to the general public or to a program of the Secretary;
    (4) You need a grant to prevent or mitigate damages to any lands or 
property or to 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;
    (5) You have a grant and need to secure a new or amended grant in 
order to relocate an authorized facility to comply with public health 
and safety and environmental protection laws, regulations, and standards 
which were not in effect at the time BLM issued your original grant;
    (6) You have a grant and need to secure a new grant to relocate 
facilities which you have to move because a Federal agency or federally-
funded project needs the lands and the United States does not pay the 
costs associated with your relocation; or
    (7) For whatever other reason, such as public benefits or public 
services provided, collecting processing and monitoring fees would be 
inconsistent with prudent and appropriate management of public lands and 
with your equitable interests or the equitable interests of the United 
States.
    (b) Fee determination. With your written application, submit your 
analysis of how each of the factors, as applicable, in paragraph (a) of 
this section pertain to your application. BLM will notify you in writing 
of the BLM State Director's fee determination. You may appeal this 
decision under Sec. 2801.10 of this part.



Sec. 2804.22  How will the availability of funds affect the timing
of BLM's processing?

    If BLM has insufficient funds to process your application, we will 
not process it until funds become available or you elect to pay full 
actual costs under Sec. 2804.14(f) of this part.



Sec. 2804.23  When will the BLM use a competitive process?

    (a) If there are two or more competing applications for the same 
facility or system and your application is in:
    (1) Processing Category 1 through 4. You must reimburse the Federal 
Government for processing costs as if the other application or 
applications had not been filed.
    (2) Processing Category 6. You are responsible for processing costs 
identified in your application. If BLM cannot readily separate costs, 
such as costs associated with preparing environmental analyses, you and 
any competing applicants must pay an equal share or a proportion agreed 
to in writing among all applicants and BLM. If you agree to share costs 
that are common to your application and that of a competing applicant, 
and the competitor does not pay the agreed upon amount, you are liable 
for the entire amount due. The applicants must pay the entire processing 
fee in advance. BLM will not process your application until we receive 
the advance payments.
    (b) Who determines whether competition exists? BLM determines 
whether the applications are compatible in a single right-of-way system 
or are competing applications for the same system.
    (c) If we determine that competition exists, we will describe the 
procedures for a competitive bid through a bid announcement in the 
Federal Register. We may also provide notice by other methods, such as a 
newspaper of general circulation in the area affected by the potential 
right-of-way, or the Internet. We may offer lands through a competitive 
process on our own initiative. The BLM will not competitively offer 
lands for which the BLM has accepted an application and received a plan 
of development and cost recovery agreement.

[[Page 251]]

    (d) Competitive process for solar and wind energy development 
outside designated leasing areas. Lands outside designated leasing areas 
may be made available for solar and wind energy applications through a 
competitive application process established by the BLM under 
Sec. 2804.30.
    (e) Competitive process for solar and wind energy development inside 
designated leasing areas. Lands inside designated leasing areas may be 
offered competitively under subpart 2809.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.24  Do I always have to submit an application for a grant
using Standard Form 299?

    You do not have to file an application using Standard Form 299 if:
    (a) The BLM offers lands competitively under Sec. 2804.23(c) and you 
have already submitted an application for the facility or system;
    (b) The BLM offers lands for competitive lease under subpart 2809 of 
this part; or
    (c) You are an oil and gas operator. You may include your right-of-
way requirements for a FLPMA grant as part of your Application for 
Permit to Drill or Sundry Notice under the regulations in parts 3160 
through 3190 of this chapter.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.25  How will BLM process my application?

    (a) The BLM will notify you in writing when it receives your 
application. This notification will also:
    (1) Identify your processing fee described at Sec. 2804.14; and
    (2) Inform you of any other grant applications which involve all or 
part of the lands for which you applied.
    (b) The BLM will not process your application if you have any:
    (1) Outstanding unpaid debts owed to the Federal Government. 
Outstanding debts are those currently unpaid debts owed to the Federal 
Government after all administrative collection actions have occurred, 
including any appeal proceedings under applicable Federal regulations 
and the Administrative Procedure Act; or
    (2) Trespass action pending against you for any activity on BLM-
administered lands (see Sec. 2808.12), except those to resolve the 
trespass with a right-of-way as authorized in this part, or a lease or 
permit under the regulations found at 43 CFR part 2920, but only after 
outstanding unpaid debts are paid.
    (c) The BLM may require you to submit additional information 
necessary to process the application. This information may include a 
detailed construction, operation, rehabilitation, and environmental 
protection plan (i.e., a POD), and any needed cultural resource surveys 
or inventories for threatened or endangered species. If the BLM needs 
more information, the BLM will identify this information in a written 
deficiency notice asking you to provide the additional information 
within a specified period of time.
    (1) For solar or wind energy development projects, and transmission 
lines with a capacity of 100 kV or more, you must commence any required 
resource surveys or inventories within one year of the request date, 
unless otherwise specified by the BLM; or
    (2) If you are unable to meet any of the requirements of this 
section, you must show good cause and submit a request for an 
alternative under Sec. 2804.40.
    (d) Customer service standard. The BLM will process your completed 
application as follows:

------------------------------------------------------------------------
      Processing category        Processing time         Conditions
------------------------------------------------------------------------
1-4...........................  60 calendar days.  If processing your
                                                    application will
                                                    take longer than 60
                                                    calendar days, the
                                                    BLM will notify you
                                                    in writing of this
                                                    fact prior to the
                                                    30th calendar day
                                                    and inform you of
                                                    when you can expect
                                                    a final decision on
                                                    your application.
5.............................  As specified in    The BLM will process
                                 the Master         applications as
                                 Agreement.         specified in the
                                                    Agreement.
6.............................  Over 60 calendar   The BLM will notify
                                 days.              you in writing
                                                    within the initial
                                                    60-day processing
                                                    period of the
                                                    estimated processing
                                                    time.
------------------------------------------------------------------------


[[Page 252]]

    (e) In processing an application, the BLM will:
    (1) Hold public meetings if sufficient public interest exists to 
warrant their time and expense. The BLM will publish a notice in the 
Federal Register and may use other notification methods, such as a 
newspaper of general circulation in the vicinity of the lands involved 
in the area affected by the potential right-of-way or the Internet, to 
announce in advance any public hearings or meetings;
    (2) If your application is for solar or wind energy development:
    (i) Hold a public meeting in the area affected by the potential 
right-of-way;
    (ii) Apply screening criteria to prioritize processing applications 
with lesser resource conflicts over applications with greater resource 
conflicts and categorize screened applications according to the criteria 
listed in Sec. 2804.35; and
    (iii) Evaluate the application based on the information provided by 
the applicant and input from other parties, such as Federal, State, and 
local government agencies, and tribes, as well as comments received in 
preliminary application review meetings held under Sec. 2804.12(b)(4) 
and the public meeting held under paragraph (e)(2)(i) of this section. 
The BLM will also evaluate your application based on whether you propose 
to site the development appropriately (e.g. outside of a designated 
leasing area or exclusion area) and whether you address known resource 
values discussed in the preliminary application review meetings. Based 
on these evaluations, the BLM will either deny your application or 
continue processing it.
    (3) Determine whether a POD schedule submitted with your application 
meets the development schedule or other requirements described by the 
BLM, such as in Sec. 2804.12(b);
    (4) Complete appropriate National Environmental Policy Act (NEPA) 
compliance for the application, as required by 43 CFR part 46 and 40 CFR 
parts 1500 through 1508;
    (5) Determine whether your proposed use complies with applicable 
Federal and State laws;
    (6) If your application is for a road, determine whether it is in 
the public interest to require you to grant the United States an 
equivalent authorization across lands that you own;
    (7) Consult, as necessary, on a government-to-government basis with 
tribes and other governmental entities; and
    (8) Take any other action necessary to fully evaluate and decide 
whether to approve or deny your application.
    (f)(1) The BLM may segregate, if it finds it necessary for the 
orderly administration of the public lands, lands included in a right-
of-way application under this subpart for the generation of electrical 
energy from wind or solar sources. In addition, the BLM may also 
segregate lands that it identifies for potential rights-of-way for 
electricity generation from wind or solar sources when initiating a 
competitive process for solar or wind development on particular lands. 
Upon segregation, such lands would not be subject to appropriation under 
the public land laws, including location under the Mining Law of 1872 
(30 U.S.C. 22 et seq.), but would remain open under the Mineral Leasing 
Act of 1920 (30 U.S.C. 181 et seq.) or the Materials Act of 1947 (30 
U.S.C. 601 et seq.). The BLM would effect a segregation by publishing a 
Federal Register notice that includes a description of the lands being 
segregated. The BLM may effect segregation in this way for both pending 
and new right-of-way applications.
    (2) The effective date of segregation is the date of publication of 
the notice in the Federal Register. Consistent with 43 CFR 2091-3.2, the 
segregation terminates and the lands automatically open on the date that 
is the earliest of the following:
    (i) When the BLM issues a decision granting, granting with 
modifications, or denying the application for a right-of-way;
    (ii) Automatically at the end of the segregation period stated in 
the Federal Register notice initiating the segregation; or
    (iii) Upon publication of a Federal Register notice terminating the 
segregation and opening the lands.
    (3) The segregation period may not exceed 2 years from the date of 
publication in the Federal Register of the

[[Page 253]]

notice initiating the segregation, unless the State Director determines 
and documents in writing, prior to the expiration of the segregation 
period, that an extension is necessary for the orderly administration of 
the public lands. If the State Director determines an extension is 
necessary, the BLM will extend the segregation for up to 2 years by 
publishing a notice in the Federal Register, prior to the expiration of 
the initial segregation period. Segregations under this part may only be 
extended once and the total segregation period may not exceed 4 years.

[81 FR 92209, Dec. 19, 2016]



Sec. 2804.26  Under what circumstances may BLM deny my application?

    (a) BLM may deny your application if:
    (1) The proposed use is inconsistent with the purpose for which BLM 
manages the public lands described in your application;
    (2) The proposed use would not be in the public interest;
    (3) You are not qualified to hold a grant;
    (4) Issuing the grant would be inconsistent with the Act, other 
laws, or these or other regulations;
    (5) You do not have or cannot demonstrate the technical or financial 
capability to construct the project or operate facilities within the 
right-of-way.
    (i) Applicants must have or be able to demonstrate technical and 
financial capability to construct, operate, maintain, and terminate a 
project throughout the application process and authorization period. You 
can demonstrate your financial and technical capability to construct, 
operate, maintain, and terminate a project by:
    (A) Documenting any previous successful experience in construction, 
operation, and maintenance of similar facilities on either public or 
non-public lands;
    (B) Providing information on the availability of sufficient 
capitalization to carry out development, including the preliminary study 
stage of the project and the environmental review and clearance process; 
or
    (C) Providing written copies of conditional commitments of Federal 
and other loan guarantees; confirmed power purchase agreements; 
engineering, procurement, and construction contracts; and supply 
contracts with credible third-party vendors for the manufacture or 
supply of key components for the project facilities.
    (ii) Failure to demonstrate and sustain technical and financial 
capability is grounds for denying an application or terminating an 
authorization;
    (6) The PODs required by Secs. 2804.25(e)(3) and 2804.12(a)(8) and 
(c)(1) do not meet the development schedule or other requirements in the 
POD template and the applicant is unable to demonstrate why the POD 
should be approved;
    (7) Failure to commence necessary surveys and studies, or plans for 
permit processing as required by Sec. 2804.25(c); or
    (8) The BLM's evaluation of your solar or wind application made 
under Sec. 2804.25(e)(2)(iii) provides a basis for a denial.
    (b) If BLM denies your application, you may appeal this decision 
under Sec. 2801.10 of this part.
    (c) If you are unable to meet any of the requirements in this 
section you may request an alternative from the BLM (see Sec. 2804.40).

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92211, Dec. 19, 2016]



Sec. 2804.27  What fees must I pay if BLM denies my application or
if I withdraw my application?

    If the BLM denies your application or you withdraw it, you must 
still pay any application filing fees under Sec. 2804.12(b)(2), and any 
processing fee set forth at Sec. 2804.14, unless you have a Processing 
Category 5 or 6 application. Then, the following conditions apply:
    (a) If BLM denies your Processing Category 5 or 6 application, you 
are liable for all reasonable costs that the United States incurred in 
processing it. The money you have not paid is due within 30 calendar 
days after receiving a bill for the amount due.
    (b) You may withdraw your application in writing before BLM issues a 
grant. If you do so, you are liable for all reasonable processing costs 
the United States has incurred up to the time you withdraw the 
application and for the reasonable costs of terminating your 
application. Any money you have

[[Page 254]]

not paid is due within 30 calendar days after receiving a bill for the 
amount due. Any money you paid that is not used to cover costs the 
United States incurred as a result of your application will be refunded 
to you.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92211, Dec. 19, 2016]



Sec. 2804.28  What processing fees must I pay for a BLM grant 
application associated with Federal Energy Regulatory Commission 
(FERC) licenses or re-license applications under part I of the
Federal Power Act (FPA)?

    (a) You must reimburse BLM for the costs which the United States 
incurs in processing your grant application associated with a FERC 
project, other than those described at Sec. 2801.6(b)(7) of this part. 
BLM also requires reimbursement for processing a grant application 
associated with a FERC project licensed before October 24, 1992, that 
involves the use of additional public lands outside the original area 
reserved under section 24 of the FPA.
    (b) BLM will determine the amount you must pay by using the 
processing fee categories described at Sec. 2804.14 of this subpart and 
bill you for the costs. FERC will address other costs associated with 
processing a FERC license or relicense (see 18 CFR chapter I).



Sec. 2804.29  What activities may I conduct on the lands covered
by the proposed right-of-way while BLM is processing my application?

    (a) You may conduct casual use activities on the BLM lands covered 
by the application, as may any other member of the public. BLM does not 
require a grant for casual use on BLM lands.
    (b) For any activities on BLM lands that are not casual use, you 
must obtain prior BLM approval.



Sec. 2804.30  What is the competitive process for solar or wind
energy development for lands outside of designated leasing areas?

    (a) Available land. The BLM may offer through a competitive process 
any land not inside a designated leasing area and open to right-of-way 
applications under Sec. 2802.10.
    (b) Variety of competitive procedures available. The BLM may use any 
type of competitive process or procedure to conduct its competitive 
offer and any method, including the use of the Internet, to conduct the 
actual auction or competitive bid procedure. Possible bid procedures 
could include, but are not limited to: Sealed bidding, oral auctions, 
modified competitive bidding, electronic bidding, and any combination 
thereof.
    (c) Competitive offer. The BLM may identify a parcel for competitive 
offer if competition exists or may include land in a competitive offer 
on its own initiative.
    (d) Notice of competitive offer. The BLM will publish a notice in 
the Federal Register at least 30 days prior to the competitive offer and 
may use other notification methods, such as a newspaper of general 
circulation in the area affected by the potential right-of-way or the 
Internet. The notice would explain that the successful bidder would 
become the preferred applicant (see paragraph (g) of this section) and 
may then apply for a grant. The Federal Register and other notices must 
also include:
    (1) The date, time, and location, if any, of the competitive offer;
    (2) The legal land description of the parcel to be offered;
    (3) The bidding methodology and procedures to be used in conducting 
the competitive offer, which may include any of the competitive 
procedures identified in Sec. 2804.30(b);
    (4) The minimum bid required (see Sec. 2804.30(e)(2));
    (5) The qualification requirements for potential bidders (see 
Sec. 2803.10); and
    (6) The requirements for the successful bidder to submit a schedule 
for the submission of a POD for the lands involved in the competitive 
offer (see Sec. 2804.12(c)(1)).
    (e) Bidding--(1) Bid submissions. The BLM will accept your bid only 
if it includes payment for the minimum bid and at least 20 percent of 
the bonus bid.
    (2) Minimum bid. The minimum bid is not prorated among all bidders, 
but paid entirely by the successful bidder. The minimum bid consists of:
    (i) The administrative costs incurred by the BLM and other Federal 
agencies

[[Page 255]]

in preparing for and conducting the competitive offer, including 
required environmental reviews; and
    (ii) An amount determined by the authorizing officer and disclosed 
in the notice of competitive offer. This amount will be based on known 
or potential values of the parcel. In setting this amount, the BLM will 
consider factors that include, but are not limited to, the acreage rent 
and megawatt capacity fee.
    (3) Bonus bid. The bonus bid consists of any dollar amount that a 
bidder wishes to bid in addition to the minimum bid.
    (4) If you are not the successful bidder, as defined in paragraph 
(f) of this section, the BLM will refund your bid and any application 
filing fees, less the reasonable costs incurred by the United States in 
connection with your application, under Sec. 2804.12(c)(2).
    (f) Successful bidder. The successful bidder is determined by the 
highest total bid. If you are the successful bidder, you become the 
preferred applicant only if, within 15 calendar days after the day of 
the offer, you submit the balance of the bonus bid to the BLM office 
conducting the competitive offer. You must make payments by personal 
check, cashier's check, certified check, bank draft, money order, or by 
other means deemed acceptable by the BLM, payable to the ``Department of 
the Interior--Bureau of Land Management.''
    (g) Preferred applicant. The preferred applicant may apply for an 
energy project-area testing grant, an energy site-specific testing 
grant, or a solar or wind energy development grant for the parcel 
identified in the offer. Grant approval is not guaranteed by winning the 
subject bid and is solely at the BLM's discretion. The BLM will not 
accept applications on lands where a preferred applicant has been 
identified, unless allowed by the preferred applicant.
    (h) Reservations. (1) The BLM may reject bids regardless of the 
amount offered. If the BLM rejects your bid under this provision, you 
will be notified in writing and such notice will include the reasons for 
the rejection and any refunds to which you are entitled.
    (2) The BLM may make the next highest bidder the preferred applicant 
if the first successful bidder fails to satisfy the requirements under 
paragraph (f) of this section.
    (3) If the BLM is unable to determine the successful bidder, such as 
in the case of a tie, the BLM may re-offer the lands competitively to 
the tied bidders, or to all bidders.
    (4) If lands offered under this section receive no bids the BLM may:
    (i) Re-offer the lands through the competitive process under this 
section; or
    (ii) Make the lands available through the non-competitive 
application process found in subparts 2803, 2804, and 2805 of this part, 
if the BLM determines that doing so is in the public interest.

[81 FR 92211, Dec. 19, 2016]



Sec. 2804.31  How will the BLM call for site testing for solar
and wind energy?

    (a) Call for site testing. The BLM may, at its own discretion, 
initiate a call for site testing. The BLM will publish this call for 
site testing in the Federal Register and may also use other notification 
methods, such as a newspaper of general circulation in the area affected 
by the potential right-of-way, or the Internet. The Federal Register and 
any other notices will include:
    (1) The date, time, and location that site testing applications 
identified under Sec. 2801.9(d)(1) of this part may be submitted;
    (2) The date by which applicants will be notified of the BLM's 
decision on timely submitted site testing applications;
    (3) The legal land description of the area for which site testing 
applications are being requested; and
    (4) The qualification requirements for applicants (see 
Sec. 2803.10).
    (b) You may request that the BLM hold a call for site testing for 
certain public lands. The BLM may proceed with a call for site testing 
at its own discretion.
    (c) The BLM may identify lands surrounding the site testing as 
designated leasing areas under Sec. 2802.11. If a designated leasing 
area is established, a competitive offer for a development

[[Page 256]]

lease under subpart 2809 may be held at the discretion of the BLM.

[81 FR 92212, Dec. 19, 2016]



Sec. 2804.35  How will the BLM prioritize my solar or wind energy
application?

    The BLM will prioritize your application by placing it into one of 
three categories and may re-categorize your application based on new 
information received through surveys, public meetings, or other data 
collection, or after any changes to the application. The BLM will 
generally prioritize the processing of leases awarded under subpart 2809 
before applications submitted under subpart 2804. For applications 
submitted under subpart 2804, the BLM will categorize your application 
based on the following screening criteria.
    (a) High-priority applications are given processing priority over 
medium- and low-priority applications and may include lands that meet 
the following criteria:
    (1) Lands specifically identified as appropriate for solar or wind 
energy development, other than designated leasing areas;
    (2) Previously disturbed sites or areas adjacent to previously 
disturbed or developed sites;
    (3) Lands currently designated as Visual Resource Management Class 
IV; or
    (4) Lands identified as suitable for disposal in BLM land use plans.
    (b) Medium-priority applications are given priority over low-
priority applications and may include lands that meet the following 
criteria:
    (1) BLM special management areas that provide for limited 
development, including recreation sites and facilities;
    (2) Areas where a project may adversely affect conservation lands, 
including lands with wilderness characteristics that have been 
identified in an updated wilderness characteristics inventory;
    (3) Right-of-way avoidance areas;
    (4) Areas where project development may adversely affect resources 
and properties listed nationally such as the National Register of 
Historic Places, National Natural Landmarks, or National Historic 
Landmarks;
    (5) Sensitive habitat areas, including important species use areas, 
riparian areas, or areas of importance for Federal or State sensitive 
species;
    (6) Lands currently designated as Visual Resource Management Class 
III;
    (7) Department of Defense operating areas with land use or 
operational mission conflicts; or
    (8) Projects with proposed groundwater uses within groundwater 
basins that have been allocated by State water resource agencies.
    (c) Low-priority applications may not be feasible to authorize. 
These applications may include lands that meet the following criteria:
    (1) Lands near or adjacent to lands designated by Congress, the 
President, or the Secretary for the protection of sensitive viewsheds, 
resources, and values (e.g., units of the National Park System, Fish and 
Wildlife Service Refuge System, some National Forest System units, and 
the BLM National Landscape Conservation System), which may be adversely 
affected by development;
    (2) Lands near or adjacent to Wild, Scenic, and Recreational Rivers 
and river segments determined suitable for Wild or Scenic River status, 
if project development may have significant adverse effects on sensitive 
viewsheds, resources, and values;
    (3) Designated critical habitat for federally threatened or 
endangered species, if project development may result in the destruction 
or adverse modification of that critical habitat;
    (4) Lands currently designated as Visual Resource Management Class I 
or Class II;
    (5) Right-of-way exclusion areas; or
    (6) Lands currently designated as no surface occupancy for oil and 
gas development in BLM land use plans.

[81 FR 92212, Dec. 19, 2016]



Sec. 2804.40  Alternative requirements.

    If you are unable to meet any of the requirements in this subpart 
you may request approval for an alternative requirement from the BLM. 
Any such request is not approved until you receive BLM approval in 
writing. Your request to the BLM must:
    (a) Show good cause for your inability to meet a requirement;

[[Page 257]]

    (b) Suggest an alternative requirement and explain why that 
requirement is appropriate; and
    (c) Be received in writing by the BLM in a timely manner, before the 
deadline to meet a particular requirement has passed.

[81 FR 92212, Dec. 19, 2016]



               Subpart 2805_Terms and Conditions of Grants



Sec. 2805.10  How will I know whether the BLM has approved or denied
my application or if my bid for a solar or wind energy development
grant or lease is successful or unsuccessful?
          

    (a) The BLM will send you a written response when it has made a 
decision on your application or if you are the successful bidder for a 
solar or wind energy development grant or lease. If we approve your 
application, we will send you an unsigned grant for your review and 
signature. If you are the successful bidder for a solar or wind energy 
lease inside a designated leasing area under Sec. 2809.15, we may send 
you an unsigned lease for your review and signature. If your bid is 
unsuccessful, it will be refunded under Sec. 2804.30(e)(4) or 
Sec. 2809.14(d) and you will receive written notice from us.
    (b) Your unsigned grant or lease document:
    (1) Will include any terms, conditions, and stipulations that we 
determine to be in the public interest, such as modifying your proposed 
use or changing the route or location of the facilities;
    (2) May include terms that prevent your use of the right-of-way 
until you have an approved Plan of Development (POD) and BLM has issued 
a Notice to Proceed; and
    (3) Will impose a specific term for the grant or lease. Each grant 
or lease that we issue for 20 or more years will contain a provision 
requiring periodic review at the end of the twentieth year and 
subsequently at 10-year intervals. We may change the terms and 
conditions of the grant or lease, including leases issued under subpart 
2809, as a result of these reviews in accordance with Sec. 2805.15(e).
    (c) If you agree with the terms and conditions of the unsigned 
grant, you should sign and return it to BLM with any payment required 
under Sec. 2805.16 of this subpart. BLM will sign the grant and return 
it to you with a final decision issuing the grant if the regulations in 
this part, including Sec. 2804.26, remain satisfied. You may appeal this 
decision under Sec. 2801.10 of this part.
    (d) If BLM denies your application, we will send you a written 
decision that will:
    (1) State the reasons for the denial (see Sec. 2804.26 of this 
part);
    (2) Identify any processing costs you must pay (see Sec. 2804.14 of 
this part); and
    (3) Notify you of your right to appeal this decision under 
Sec. 2801.10 of this part.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92212, Dec. 19, 2016]



Sec. 2805.11  What does a grant contain?

    The grant states what your rights are on the lands subject to the 
grant and contains information about:
    (a) What lands you can use or occupy. The lands may or may not 
correspond to those for which you applied. BLM will limit the grant to 
those lands which BLM determines:
    (1) You will occupy with authorized facilities;
    (2) Are necessary for constructing, operating, maintaining, and 
terminating the authorized facilities;
    (3) Are necessary to protect the public health and safety;
    (4) Will not unnecessarily damage the environment; and
    (5) Will not result in unnecessary or undue degradation.
    (b) How long you can use the right-of-way. Each grant will state the 
length of time that you are authorized to use the right-of-way.
    (1) BLM will consider the following factors in establishing a 
reasonable term:
    (i) The public purpose served;
    (ii) Cost and useful life of the facility;
    (iii) Time limitations imposed by licenses or permits required by 
other Federal agencies and state, tribal, or local governments; and
    (iv) The time necessary to accomplish the purpose of the grant.

[[Page 258]]

    (2) Specific terms for solar and wind energy grants and leases are 
as follows:
    (i) For an energy site-specific testing grant, the term is 3 years 
or less, without the option of renewal;
    (ii) For an energy project-area testing grant, the initial term is 3 
years or less, with the option to renew for one additional 3-year period 
when the renewal application is also accompanied by a solar or wind 
energy development application and a POD as required by 
Sec. 2804.25(e)(3);
    (iii) For a short-term grant for all other associated actions not 
specifically included in paragraphs (b)(2)(i) and (ii) of this section, 
such as geotechnical testing and other temporary land disturbing 
activities, the term is 3 years or less;
    (iv) For solar and wind energy development grants, the term is up to 
30 years (plus the initial partial year of issuance) with adjustable 
terms and conditions. The grantee may submit an application for renewal 
under Sec. 2805.14(g); and
    (v) For solar and wind energy development leases located inside 
designated leasing areas, the term is fixed for 30 years (plus the 
initial partial year of issuance). The lessee may submit an application 
for renewal under Sec. 2805.14(g).
    (3) All grants and leases, except those issued for a term of 3 years 
or less and those issued in perpetuity, will expire on December 31 of 
the final year of the grant or lease. For grants and leases with terms 
greater than 3 years, the actual term includes the number of full years 
specified, plus the initial partial year, if any.
    (c) How you can use the right-of-way. You may only use the right-of-
way for the specific use the grant authorizes.

[70 FR 21058, Apr. 22, 2005, as amended at 73 FR 65071, Oct. 31, 2008; 
81 FR 92213, Dec. 19, 2016]



Sec. 2805.12  What terms and conditions must I comply with?

    (a) By accepting a grant or lease, you agree to comply with and be 
bound by the following terms and conditions. During construction, 
operation, maintenance, and termination of the project you must:
    (1) To the extent practicable, comply with all existing and 
subsequently enacted, issued, or amended Federal laws and regulations 
and State laws and regulations applicable to the authorized use;
    (2) Rebuild and repair roads, fences, and established trails 
destroyed or damaged by the project;
    (3) Build and maintain suitable crossings for existing roads and 
significant trails that intersect the project;
    (4) Do everything reasonable to prevent and suppress wildfires on or 
in the immediate vicinity of the right-of-way area;
    (5) Not discriminate against any employee or applicant for 
employment during any stage of the project because of race, creed, 
color, sex, sexual orientation, or national origin. You must also 
require subcontractors to not discriminate;
    (6) Pay monitoring fees and rent described in Sec. 2805.16 and 
subpart 2806;
    (7) Assume full liability if third parties are injured or damages 
occur to property on or near the right-of-way (see Sec. 2807.12);
    (8) Comply with project-specific terms, conditions, and 
stipulations, including requirements to:
    (i) Restore, revegetate, and curtail erosion or conduct any other 
rehabilitation measure the BLM determines necessary;
    (ii) Ensure that activities in connection with the grant comply with 
air and water quality standards or related facility siting standards 
contained in applicable Federal or State law or regulations;
    (iii) Control or prevent damage to:
    (A) Scenic, aesthetic, cultural, and environmental values, including 
fish and wildlife habitat;
    (B) Public and private property; and
    (C) Public health and safety;
    (iv) Provide for compensatory mitigation for residual impacts 
associated with the right-of-way;
    (v) Protect the interests of individuals living in the general area 
who rely on the area for subsistence uses as that term is used in Title 
VIII of Alaska National Interest Lands Conservation Act (ANILCA) (16 
U.S.C. 3111 et seq.);

[[Page 259]]

    (vi) Ensure that you construct, operate, maintain, and terminate the 
facilities on the lands in the right-of-way in a manner consistent with 
the grant or lease, including the approved POD, if one was required;
    (vii) When the State standards are more stringent than Federal 
standards, comply with State standards for public health and safety, 
environmental protection, and siting, constructing, operating, and 
maintaining any facilities and improvements on the right-of-way; and
    (viii) Grant the BLM an equivalent authorization for an access road 
across your land if the BLM determines that a reciprocal authorization 
is needed in the public interest and the authorization the BLM issues to 
you is also for road access;
    (9) Immediately notify all Federal, State, tribal, and local 
agencies of any release or discharge of hazardous material reportable to 
such entity under applicable law. You must also notify the BLM at the 
same time and send the BLM a copy of any written notification you 
prepared;
    (10) Not dispose of or store hazardous material on your right-of-
way, except as provided by the terms, conditions, and stipulations of 
your grant;
    (11) Certify your compliance with all requirements of the Emergency 
Planning and Community Right-to-Know Act of 1986, (42 U.S.C. 11001 et 
seq.), when you receive, assign, renew, amend, or terminate your grant;
    (12) Control and remove any release or discharge of hazardous 
material on or near the right-of-way arising in connection with your use 
and occupancy of the right-of-way, whether or not the release or 
discharge is authorized under the grant. You must also remediate and 
restore lands and resources affected by the release or discharge to the 
BLM's satisfaction and to the satisfaction of any other Federal, State, 
tribal, or local agency having jurisdiction over the land, resource, or 
hazardous material;
    (13) Comply with all liability and indemnification provisions and 
stipulations in the grant;
    (14) As the BLM directs, provide diagrams or maps showing the 
location of any constructed facility;
    (15) As the BLM directs, provide, or give access to, any pertinent 
environmental, technical, and financial records, reports, and other 
information, such as Power Purchase and Interconnection Agreements or 
the production and sale data for electricity generated from the approved 
facilities on public lands. Failure to comply with such requirements 
may, at the discretion of the BLM, result in suspension or termination 
of the right-of-way authorization. The BLM may use this and similar 
information for the purpose of monitoring your authorization and for 
periodic evaluation of financial obligations under the authorization, as 
appropriate. Any records the BLM obtains will be made available to the 
public subject to all applicable legal requirements and limitations for 
inspection and duplication under the Freedom of Information Act. Any 
information marked confidential or proprietary will be kept confidential 
to the extent allowed by law; and
    (16) Comply with all other stipulations that the BLM may require.
    (b) You must comply with the bonding requirements under 
Sec. 2805.20. The BLM will not issue a Notice to Proceed or give written 
approval to proceed with ground disturbing activities until you comply 
with this requirement.
    (c) By accepting a grant or lease for solar or wind energy 
development, you also agree to comply with and be bound by the following 
terms and conditions. You must:
    (1) Not begin any ground disturbing activities until the BLM issues 
a Notice to Proceed (see Sec. 2807.10) or written approval to proceed 
with ground disturbing activities;
    (2) Complete construction within the timeframes in the approved POD, 
but no later than 24 months after the start of construction, unless the 
project has been approved for staged development, or as otherwise 
authorized by the BLM;
    (3) If an approved POD provides for staged development, unless 
otherwise approved by the BLM:
    (i) Begin construction of the initial phase of development within 12 
months after issuance of the Notice to Proceed, but no later than 24 
months after the effective date of the right-of-way authorization;

[[Page 260]]

    (ii) Begin construction of each stage of development (following the 
first) within 3 years of the start of construction of the previous stage 
of development, and complete construction of that stage no later than 24 
months after the start of construction of that stage, unless otherwise 
authorized by the BLM; and
    (iii) Have no more than 3 development stages, unless otherwise 
authorized by the BLM;
    (4) Maintain all onsite electrical generation equipment and 
facilities in accordance with the design standards in the approved POD;
    (5) Repair and place into service, or remove from the site, damaged 
or abandoned facilities that have been inoperative for any continuous 
period of 3 months and that present an unnecessary hazard to the public 
lands. You must take appropriate remedial action within 30 days after 
receipt of a written noncompliance notice, unless you have been provided 
an extension of time by the BLM. Alternatively, you must show good cause 
for any delays in repairs, use, or removal; estimate when corrective 
action will be completed; provide evidence of diligent operation of the 
facilities; and submit a written request for an extension of the 30-day 
deadline. If you do not comply with this provision, the BLM may suspend 
or terminate the authorization under Secs. 2807.17 through 2807.19; and
    (6) Comply with the diligent development provisions of the 
authorization or the BLM may suspend or terminate your grant or lease 
under Secs. 2807.17 through 2807.19. Before suspending or terminating 
the authorization, the BLM will send you a notice that gives you a 
reasonable opportunity to correct any noncompliance or to start or 
resume use of the right-of-way (see Sec. 2807.18). In response to this 
notice, you must:
    (i) Provide reasonable justification for any delays in construction 
(for example, delays in equipment delivery, legal challenges, and acts 
of God);
    (ii) Provide the anticipated date of completion of construction and 
evidence of progress toward the start or resumption of construction; and
    (iii) Submit a written request under paragraph (e) of this section 
for extension of the timelines in the approved POD. If you do not comply 
with the requirements of paragraph (c)(7) of this section, the BLM may 
deny your request for an extension of the timelines in the approved POD.
    (7) In addition to the RCE requirements of Sec. 2805.20(a)(5) for a 
grant, the bond secured for a grant or lease must cover the estimated 
costs of cultural resource and Indian cultural resource identification, 
protection, and mitigation for project impacts.
    (d) For energy site or project testing grants:
    (1) You must install all monitoring facilities within 12 months 
after the effective date of the grant or other authorization. If 
monitoring facilities under a site testing and monitoring right-of-way 
authorization have not been installed within 12 months after the 
effective date of the authorization or consistent with the timeframe of 
the approved POD, you must request an extension pursuant to paragraph 
(e) of this section;
    (2) You must maintain all onsite equipment and facilities in 
accordance with the approved design standards;
    (3) You must repair and place into service, or remove from the site, 
damaged or abandoned facilities that have been inoperative for any 
continuous period of 3 months and that present an unnecessary hazard to 
the public lands; and
    (4) If you do not comply with the diligent development provisions of 
either the site testing and monitoring authorization or the project 
testing and monitoring authorization, the BLM may terminate your 
authorization under Sec. 2807.17.
    (e) Notification of noncompliance and request for alternative 
requirements. (1) As soon as you anticipate that you will not meet any 
stipulation, term, or condition of the approved right-of-way grant or 
lease, or in the event of your noncompliance with any such stipulation, 
term, or condition, you must notify the BLM in writing and show good 
cause for the noncompliance, including an explanation of the reasons for 
the failure.
    (2) You may also request that the BLM consider alternative 
stipulations, terms, or conditions. Any request for

[[Page 261]]

an alternative stipulation, term, or condition must comply with 
applicable law in order to be considered. Any proposed alternative to 
applicable bonding requirements must provide the United States with 
adequate financial assurance for potential liabilities associated with 
your right-of-way grant or lease. Any such request is not approved until 
you receive BLM approval in writing.

[81 FR 92213, Dec. 19, 2016]



Sec. 2805.13  When is a grant effective?

    A grant is effective after both you and BLM sign it. You must accept 
its terms and conditions in writing and pay any necessary rent and 
monitoring fees as set forth in subpart 2806 of this part and 
Sec. 2805.16 of this subpart. Your written acceptance constitutes an 
agreement between you and BLM that your right to use the public lands, 
as specified in the grant, is subject to the terms and conditions of the 
grant and applicable laws and regulations.



Sec. 2805.14  What rights does a grant convey?

    The grant conveys to you only those rights which it expressly 
contains. BLM issues it subject to the valid existing rights of others, 
including the United States. Rights which the grant conveys to you 
include the right to:
    (a) Use the described lands to construct, operate, maintain, and 
terminate facilities within the right-of-way for authorized purposes 
under the terms and conditions of the grant;
    (b) If your grant specifically authorizes, allow other parties to 
use your facility for the purposes specified in your grant and you may 
charge for such use. If your grant does not specifically authorize it, 
you may not let anyone else use your facility and you may not charge for 
its use unless BLM authorizes or requires it in writing;
    (c) Allow others to use the land as your agent in the exercise of 
the rights that the grant specifies;
    (d) Do minor trimming, pruning, and removing of vegetation to 
maintain the right-of-way or facility;
    (e) Use common varieties of stone and soil which are necessarily 
removed during construction of the project, without additional BLM 
authorization or payment, in constructing the project within the 
authorized right-of-way;
    (f) Assign the grant to another, provided that you obtain the BLM's 
prior written approval, unless your grant specifically states that that 
such approval is unnecessary; and
    (g) Apply to renew your solar or wind energy development grant or 
lease, under Sec. 2807.22; and
    (h) Apply to renew your energy project-area testing grant for one 
additional term of 3 years or less when the renewal application also 
includes an energy development application under Sec. 2801.9(d)(2).

[70 FR 21058, Apr. 22, 2005, as amended at 73 FR 65071, Oct. 31, 2008; 
81 FR 92215, Dec. 19, 2016]



Sec. 2805.15  What rights does the United States retain?

    The United States retains and may exercise any rights the grant does 
not expressly convey to you. These include BLM's right to:
    (a) Access the lands covered by the grant at any time and enter any 
facility you construct on the right-of-way. BLM will give you reasonable 
notice before it enters any facility on the right-of-way;
    (b) Require common use of your right-of-way, including facilities 
(see Sec. 2805.14(b)), subsurface, and air space, and authorize use of 
the right-of-way for compatible uses.You may not charge for the use of 
the lands made subject to such additional right-of-way grants;
    (c) Retain ownership of the resources of the land, including timber 
and vegetative or mineral materials and any other living or non-living 
resources. You have no right to use these resources, except as noted in 
Sec. 2805.14(e) of this subpart;
    (d) Determine whether or not your grant is renewable; and
    (e) Change the terms and conditions of your grant as a result of 
changes in legislation, regulation, or as otherwise necessary to protect 
public health or safety or the environment.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92215, Dec. 19, 2016]

[[Page 262]]



Sec. 2805.16  If I hold a grant, what monitoring fees must I pay?

    (a) You must pay a fee to the BLM for the reasonable costs the 
Federal Government incurs in inspecting and monitoring the construction, 
operation, maintenance, and termination of the project and protection 
and rehabilitation of the public lands your grant covers. Instead of 
paying the BLM a fee for the reasonable costs incurred by other Federal 
agencies in monitoring your grant, you may pay the other Federal 
agencies directly for such costs. The BLM will annually adjust the 
Category 1 through 4 monitoring fees in the manner described at 
Sec. 2804.14(b). The BLM will update Category 5 monitoring fees as 
specified in the Master Agreement. Category 6 monitoring fees are 
addressed at Sec. 2805.17(c). The BLM categorizes the monitoring fees 
based on the estimated number of work hours necessary to monitor your 
grant. Category 1 through 4 monitoring fees are one-time fees and are 
not refundable. The monitoring categories and work hours are as follows:

                          Monitoring Categories
------------------------------------------------------------------------
                                                    Federal work hours
               Monitoring category                       involved
------------------------------------------------------------------------
(1) Inspecting and monitoring of new grants,      Estimated Federal work
 assignments, renewals, and amendments to          hours are >1 8.
 existing grants.
(2) Inspecting and monitoring of new grants,      Estimated Federal work
 assignments, renewals, and amendments to          hours are >8 24.
 existing grants.
(3) Inspecting and monitoring of new grants,      Estimated Federal work
 assignments, renewals, and amendments to          hours are >24 36.
 existing grants.
(4) Inspecting and monitoring of new grants,      Estimated Federal work
 assignments, renewals, and amendments to          hours are >36 50.
 existing grants.
(5) Master Agreements...........................  Varies.
(6) Inspecting and monitoring of new grants,      Estimated Federal work
 assignments, renewals, and amendments to          hours are >50.
 existing grants.
------------------------------------------------------------------------

    (b) The monitoring cost schedule is available from any BLM State, 
district, or field office or by writing: U.S. Department of the 
Interior, Bureau of Land Management, 20 M Street SE., Room 2134LM, 
Washington, DC 20003. The BLM also posts the current schedule at http://
www.blm.gov.

[81 FR 92215, Dec. 19, 2016]



Sec. 2805.17  When do I pay monitoring fees?

    (a) Monitoring Categories 1 through 4. Unless BLM otherwise directs, 
you must pay monitoring fees when you submit to BLM your written 
acceptance of the terms and conditions of the grant.
    (b) Monitoring Category 5. You must pay monitoring fees as specified 
in the Master Agreement. BLM will not issue your grant until it receives 
the required payment.
    (c) Monitoring Category 6. BLM may periodically estimate the costs 
of monitoring your use of the grant. BLM will include this fee in the 
costs associated with processing fees described at Sec. 2804.14 of this 
part. If BLM has underestimated the monitoring costs, we will notify you 
of the shortfall. If your payments exceed the reasonable costs that 
Federal employees incurred for monitoring, BLM will either reimburse you 
the difference, or adjust the next billing to reflect the overpayment. 
Unless BLM gives you written authorization, you may not offset or deduct 
the overpayment from your payments.
    (d) Monitoring Categories 1-4 and 6. If you disagree with the 
category BLM has determined for your grant, you may appeal the decision 
under Sec. 2801.10 of this part.



Sec. 2805.20  Bonding requirements.

    If you hold a grant or lease under this part, you must comply with 
the following bonding requirements:
    (a) The BLM may require that you obtain, or certify that you have 
obtained, a performance and reclamation bond or other acceptable bond 
instrument to cover any losses, damages, or injury to human health, the 
environment, or property in connection with

[[Page 263]]

your use and occupancy of the right-of-way, including costs associated 
with terminating the grant, and to secure all obligations imposed by the 
grant and applicable laws and regulations. If you plan to use hazardous 
materials in the operation of your grant, you must provide a bond that 
covers liability for damages or injuries resulting from releases or 
discharges of hazardous materials. The BLM will periodically review your 
bond for adequacy and may require a new bond, an increase or decrease in 
the value of an existing bond, or other acceptable security at any time 
during the term of the grant or lease.
    (1) The BLM must be listed as an additionally named insured on the 
bond instrument if a State regulatory authority requires a bond to cover 
some portion of environmental liabilities, such as hazardous material 
damages or releases, reclamation, or other requirements for the project. 
The bond must:
    (i) Be redeemable by the BLM;
    (ii) Be held or approved by a State agency for the same reclamation 
requirements as specified by our right-of-way authorization; and
    (iii) Provide the same or greater financial guarantee that we 
require for the portion of environmental liabilities covered by the 
State's bond.
    (2) Bond acceptance. The BLM authorized officer must review and 
approve all bonds, including any State bonds, prior to acceptance, and 
at the time of any right-of-way assignment, amendment, or renewal.
    (3) Bond amount. Unless you hold a solar or wind energy lease under 
subpart 2809, the bond amount will be determined based on the 
preparation of a RCE, which the BLM may require you to prepare and 
submit. The estimate must include our cost to administer a reclamation 
contract and will be reviewed periodically for adequacy. The BLM may 
also consider other factors, such as salvage value, when determining the 
bond amount.
    (4) You must post a bond on or before the deadline that we give you.
    (5) Bond components that must be addressed when determining the RCE 
amount include, but are not limited to:
    (i) Environmental liabilities such as use of hazardous materials 
waste and hazardous substances, herbicide use, the use of petroleum-
based fluids, and dust control or soil stabilization materials;
    (ii) The decommissioning, removal, and proper disposal, as 
appropriate, of any improvements and facilities; and
    (iii) Interim and final reclamation, re-vegetation, recontouring, 
and soil stabilization. This component must address the potential for 
flood events and downstream sedimentation from the site that may result 
in offsite impacts.
    (6) You may ask us to accept a replacement performance and 
reclamation bond at any time after the approval of the initial bond. We 
will review the replacement bond for adequacy. A surety company is not 
released from obligations that accrued while the surety bond was in 
effect unless the replacement bond covers those obligations to our 
satisfaction.
    (7) You must notify us that reclamation has occurred and you may 
request that the BLM reevaluate your bond. If we determine that you have 
completed reclamation, we may release all or part of your bond.
    (8) If you hold a grant, you are still liable under Sec. 2807.12 if:
    (i) We release all or part of your bond;
    (ii) The bond amount does not cover the cost of reclamation; or
    (iii) There is no bond in place;
    (b) If you hold a grant for solar energy development outside of 
designated leasing areas, you must provide a performance and reclamation 
bond (see paragraph (a) of this section) prior to the BLM issuing a 
Notice to Proceed (see Sec. 2805.12(c)(1)). We will determine the bond 
amount based on the RCE (see paragraph (a)(3) of this section) and it 
must be no less than $10,000 per acre that will be disturbed;
    (c) If you hold a grant for wind energy development outside of 
designated leasing areas, you must provide a performance and reclamation 
bond (see paragraph (a) of this section) prior to the BLM issuing a 
Notice to Proceed (see Sec. 2805.12(c)(1)). We will determine the bond 
amount based on the RCE (see paragraph (a)(3) of this section) and it 
must be no less than $10,000 per authorized turbine less than 1 MW in 
nameplate capacity or $20,000 per authorized

[[Page 264]]

turbine equal to or greater than 1 MW in nameplate capacity; and
    (d) For short-term right-of-way grants for energy site or project-
area testing, the bond amount must be no less than $2,000 per authorized 
meteorological tower or instrumentation facility location and must be 
provided before the written approval to proceed with ground disturbing 
activities (see Sec. 2805.12(c)(1)).

[81 FR 92215, Dec. 19, 2016]



                 Subpart 2806_Annual Rents and Payments

                           General Provisions



Sec. 2806.10  What rent must I pay for my grant?

    (a) You must pay in advance a rent BLM establishes based on sound 
business management principles and, as far as practical and feasible, 
using comparable commercial practices. Rent does not include processing 
or monitoring fees and rent is not offset by such fees. BLM may exempt, 
waive, or reduce rent for a grant under Secs. 2806.14 and 2806.15 of 
this subpart.
    (b) If BLM issued your grant on or before October 21, 1976, under 
then existing statutory authority, upon request, BLM will conduct an 
informal hearing before a proposed rent increase becomes effective. This 
applies to rent increases due to a BLM-initiated change in the rent or 
from initially being put on a rent schedule. You are not entitled to a 
hearing on annual adjustments once you are on a rent schedule.



Sec. 2806.11  How will BLM charge me rent?

    (a) BLM will charge rent beginning on the first day of the month 
following the effective date of the grant through the last day of the 
month when the grant terminates. Example: If a grant became effective on 
January 10 and terminated on September 16, the rental period would be 
February 1 through September 30, or 8 months.
    (b) BLM will set or adjust the annual billing periods to coincide 
with the calendar year by prorating the rent based on 12 months.
    (c) If you disagree with the rent that BLM charges, you may appeal 
the decision under Sec. 2801.10 of this part.



Sec. 2806.12  When and where do I pay rent?

    (a) You must pay rent for the initial rental period before the BLM 
issues you a grant or lease.
    (1) If your non-linear grant or lease is effective on:
    (i) January 1 through September 30 and qualifies for annual 
payments, your initial rent bill is pro-rated to include only the 
remaining full months in the initial year; or
    (ii) October 1 through December 31 and qualifies for annual 
payments, your initial rent bill is pro-rated to include the remaining 
full months in the initial year plus the next full year.
    (2) If your non-linear grant allows for multi-year payments, such as 
a short term grant issued for energy site-specific testing, you may 
request that your initial rent bill be for the full term of the grant 
instead of the initial rent bill periods provided under paragraph 
(a)(1)(i) or (ii) of this section.
    (b) You must make all rental payments for linear rights-of-way 
according to the payment plan described in Sec. 2806.24.
    (c) After the first rental payment, all rent is due on January 1 of 
the first year of each succeeding rental period for the term of your 
grant.
    (d) You must make all rental payments as instructed by us or as 
provided for by Secretarial order or legislative authority.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92216, Dec. 19, 2016]



Sec. 2806.13  What happens if I do not pay rents and fees or if 
I pay the rents or fees late?

    (a) If the BLM does not receive the rent or fee payment required in 
subpart 2806 within 15 calendar days after the payment was due under 
Sec. 2806.12, we will charge you a late payment fee of $25 or 10 percent 
of the amount you owe, whichever is greater, per authorization.
    (b) If BLM does not receive your rent payment and late payment fee 
within 30 calendar days after rent was due,

[[Page 265]]

BLM may collect other administrative fees provided by statute.
    (c) If BLM does not receive your rent, late payment fee, and any 
administrative fees within 90 calendar days after the rent was due, BLM 
may terminate your grant under Sec. 2807.17 of this part and you may not 
remove any facility or equipment without BLM's written permission (see 
Sec. 2807.19 of this part). The rent due, late payment fees, and any 
administrative fees remain a debt that you owe to the United States.
    (d) If you pay the rent, late payment fee, and any administrative 
fees after BLM has terminated the grant, BLM does not automatically 
reinstate the grant. You must file a new application with BLM. BLM will 
consider the history of your failure to timely pay rent in deciding 
whether to issue you a new grant.
    (e) Subject to applicable laws and regulations, we will 
retroactively bill for uncollected or under-collected rent, fees, and 
late payments, if:
    (1) A clerical error is identified;
    (2) An adjustment to rental schedules is not applied; or
    (3) An omission or error in complying with the terms and conditions 
of the authorized right-of-way is identified.
    (f) You may appeal any adverse decision BLM takes against your grant 
under Sec. 2801.10 of this part.
    (g) We will not approve any further activities associated with your 
right-of-way until we receive any outstanding payments that are due.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92216, Dec. 19, 2016]



Sec. 2806.14  Under what circumstances am I exempt from paying rent?

    (a)You do not have to pay rent for your use if:
    (1) BLM issues the grant under a statute which does not allow BLM to 
charge rent;
    (2) You are a Federal, state, or local government or its agent or 
instrumentality, unless you are:
    (i) Using the facility, system, space, or any part of the right-of-
way area for commercial purposes; or
    (ii) A municipal utility or cooperative whose principal source of 
revenue is customer charges;
    (3) You have been granted an exemption under a statute providing for 
such; or
    (4) Electric or telephone facilities constructed on the right-of-way 
were financed in whole or in part, or eligible for financing, under the 
Rural Electrification Act of 1936, as amended (REA) (7 U.S.C. 901 et 
seq.), or are extensions of such facilities. You do not need to have 
sought financing from the Rural Utilities Service to qualify for this 
exemption. BLM may require you to document the facility's eligibility 
for REA financing. For communication site facilities, adding or 
including non-eligible facilities as, for example, by tenants or 
customers, on the right-of-way will subject the holder to rent in 
accordance with Secs. 2806.30 through 2806.44 of this subpart.
    (b) The exemptions in this section do not apply if you are in 
trespass.

[70 FR 21058, Apr. 22, 2005, as amended at 73 FR 65071, Oct. 31, 2008]



Sec. 2806.15  Under what circumstances may BLM waive or reduce 
my rent?

    (a) BLM may waive or reduce your rent payment, even to zero in 
appropriate circumstances. BLM may require you to submit information to 
support a finding that your grant qualifies for a waiver or a reduction 
of rent.
    (b) BLM may waive or reduce your rent if you show BLM that:
    (1) You are a non-profit organization, corporation, or association 
which is not controlled by, or is not a subsidiary of, a profit making 
corporation or business enterprise and the facility or project will 
provide a benefit or special service to the general public or to a 
program of the Secretary;
    (2) You provide without charge, or at reduced rates, a valuable 
benefit to the public at large or to the programs of the Secretary of 
the Interior;
    (3) You hold a valid Federal authorization in connection with your 
grant and the United States is already receiving compensation for this 
authorization. This paragraph does not apply to oil and gas leases 
issued under part 3100 of this chapter; or
    (4) Your grant involves a cost share road or a reciprocal right-of-
way agreement not subject to subpart 2812 of this

[[Page 266]]

chapter. In these cases, BLM will determine the rent based on the 
proportion of use.
    (c) The BLM State Director may waive or reduce your rent payment if 
the BLM State Director determines that paying the full rent will cause 
you undue hardship and it is in the public interest to waive or reduce 
your rent. In your request for a waiver or rental reduction you must 
include a suggested alternative rental payment plan or timeframe within 
which you anticipate resuming full rental payments. BLM may also require 
you to submit specific financial and technical data or other information 
that corrects or modifies the statement of financial capability required 
by Sec. 2804.12(a)(5) of this part.



Sec. 2806.16  When must I make estimated rent payments to BLM?

    To expedite the processing of your grant application, BLM may 
estimate rent payments and collect that amount before it issues the 
grant. The amount may change once BLM determines the actual rent of the 
right-of-way. BLM will credit any rental overpayment, and you are liable 
for any underpayment. This section does not apply to rent payments made 
under a rent schedule in this part.

                          Linear Rights-of-Way



Sec. 2806.20  What is the rent for a linear right-of-way grant?

    (a) Except as described in Sec. 2806.26 of this chapter, the BLM 
will use the Per Acre Rent Schedule (see paragraph (c) of this section) 
to calculate rent for all linear right-of-way authorizations, regardless 
of the granting authority (FLPMA, MLA, and their predecessors). Counties 
(or other geographical areas) are assigned to an appropriate zone in 
accordance with Sec. 2806.21. The BLM will adjust the per acre rent 
values in the schedule annually in accordance with Sec. 2806.22(a), and 
it will revise the schedule at the end of each 10-year period in 
accordance with Sec. 2806.22(b).
    (b) The annual per acre rent for all types of linear right-of-way 
facilities is the product of 4 factors: The per acre zone value 
multiplied by the encumbrance factor multiplied by the rate of return 
multiplied by the annual adjustment factor (see Sec. 2806.22(a)).
    (c) You may obtain a copy of the current Per Acre Rent Schedule from 
any BLM State, district, or field office or by writing: U.S. Department 
of the Interior, Bureau of Land Management, 20 M Street SE., Room 
2134LM, Washington, DC 20003. We also post the current rent schedule at 
http://www.blm.gov.

[73 FR 65071, Oct. 31, 2008, as amended at 81 FR 92216, Dec. 19, 2016]



Sec. 2806.21  When and how are counties or other geographical areas 
assigned to a County Zone Number and Per Acre Zone Value?

    Counties (or other geographical areas) are assigned to a County Zone 
Number and Per Acre Zone Value based upon 80 percent of their average 
per acre land and building value published in the Census of Agriculture 
(Census) by the National Agricultural Statistics Service (NASS). The 
initial assignment of counties to the zones will cover years 2006 
through 2010 of the Per Acre Rent Schedule and is based upon data 
contained in the most recent NASS Census (2002). Subsequent re-
assignments of counties will occur every 5 years (in 2011 based upon 
2007 NASS Census data, in 2016 based upon 2012 NASS Census data, and so 
forth) following the publication of the NASS Census.

[73 FR 65071, Oct. 31, 2008]



Sec. 2806.22  When and how does the Per Acre Rent Schedule change?

    (a) Each calendar year the BLM will adjust the per acre rent values 
in Sec. 2806.20 for all types of linear right-of-way facilities in each 
zone based on the average annual change in the IPD-GDP for the 10-year 
period immediately preceding the year that the NASS Census data becomes 
available. For example, the average annual change in the IPD-GDP from 
1994 to 2003 (the 10-year period immediately preceding the year (2004) 
that the 2002 National Agricultural Statistics Service Census data 
became available) was 1.9 percent. This annual adjustment factor is 
applied to years 2006 through 2015 of the Per Acre Rent Schedule. 
Likewise, the average annual change in the IPD-GDP from

[[Page 267]]

2004 to 2013 (the 10-year period immediately preceding the year (2014) 
when the 2012 NASS Census data will become available) will be applied to 
years 2016 through 2025 of the Per Acre Rent Schedule.
    (b) The BLM will review the NASS Census data from the 2012 NASS 
Census, and each subsequent 10-year period, and as appropriate, revise 
the number of county zones and the per acre zone values. Any revision 
must include 100 percent of the number of counties and listed 
geographical areas for all states and the Commonwealth of Puerto Rico 
and must reasonably reflect the increases or decreases in the average 
per acre land and building values contained in the NASS Census.

[73 FR 65072, Oct. 31, 2008, as amended at 81 FR 92216, Dec. 19, 2016]



Sec. 2806.23  How will the BLM calculate my rent for linear
rights-of-way the Per Acre Rent Schedule covers?

    (a) Except as provided by Secs. 2806.25 and 2806.26, the BLM 
calculates your rent by multiplying the rent per acre for the 
appropriate county (or other geographical area) zone from the current 
schedule by the number of acres (as rounded up to the nearest tenth of 
an acre) in the right-of-way area that fall in each zone and multiplying 
the result by the number of years in the rental payment period (the 
length of time for which the holder is paying rent).
    (b) If the BLM has not previously used the rent schedule to 
calculate your rent, we may do so after giving you reasonable written 
notice.

[73 FR 65072, Oct. 31, 2008, as amended at 81 FR 92216, Dec. 19, 2016]



Sec. 2806.24  How must I make rental payments for a linear grant?

    (a) Term grants. For linear grants, except those issued in 
perpetuity, you must make either nonrefundable annual payments or a 
nonrefundable payment for more than 1 year, as follows:
    (1) One-time payments. You may pay in advance the total rent amount 
for the entire term of the grant or any remaining years.
    (2) Multiple payments. If you choose not to make a one-time payment, 
you must pay according to one of the following methods:
    (i) Payments by individuals. If your annual rent is $100 or less, 
you must pay at 10-year intervals, not to exceed the term of the grant. 
If your annual rent is greater than $100, you may pay annually or at 10-
year intervals, not to exceed the term of the grant. For example, if you 
have a grant with a remaining term of 30 years, you may pay in advance 
for 10 years, 20 years, or 30 years, but not any other multi-year 
period.
    (ii) Payments by all others. If your annual rent is $500 or less, 
you must pay rent at 10-year intervals, not to exceed the term of the 
grant. If your annual rent is greater than $500, you may pay annually or 
at 10-year intervals, not to exceed the term of the grant.
    (b) Perpetual grants. For linear grants issued in perpetuity (except 
as noted in Secs. 2806.25 and 2806.26), you must make either 
nonrefundable annual payments or a nonrefundable payment for more than 1 
year, as follows:
    (1) Payments by individuals. If your annual rent is $100 or less, 
you must pay at 10-year intervals, not to exceed 30 years. If your 
annual rent is greater than $100, you may pay annually or at 10-year 
intervals, not to exceed 30 years.
    (2) Payments by all others. If your annual rent is $500 or less, you 
must pay rent at 10-year intervals, not to exceed 30 years. If your 
annual rent is greater than $500, you may pay annually or at 10-year 
intervals, not to exceed 30 years.
    (c) Proration of payments. The BLM prorates the first year rental 
amount based on the number of months left in the calendar year after the 
effective date of the grant. If your grant requires, or you chose a 10-
year payment term, or multiples thereof, the initial rent bill consists 
of the remaining partial year plus the next 10 years, or multiple 
thereof.

[73 FR 65072, Oct. 31, 2008, as amended at 81 FR 92216, Dec. 19, 2016]

[[Page 268]]



Sec. 2806.25  How may I make rental payments when land encumbered
by my perpetual linear grant (other than an easement issued under
Sec. 2807.15(b)) is being transferred out of Federal ownership?
          

    (a) One-time payment option for existing perpetual grants. If you 
have a perpetual grant and the land your grant encumbers is being 
transferred out of Federal ownership, you may choose to make a one-time 
rental payment. The BLM will determine the one-time payment for a 
perpetual grant by dividing the current annual rent for the subject 
property by an overall capitalization rate calculated from market data, 
where the overall capitalization rate is the difference between a market 
yield rate and a percent annual rent increase as described in the 
formula in paragraphs (a)(1), (2), and (3) of this section. The formula 
for this calculation is: One-time Rental Payment = Annual Rent/ (Y^CR), 
where:

    (1) Annual Rent = Current Annual Rent Applicable to the Subject 
Property from the Per Acre Rent Schedule;
    (2) Y = Yield Rate from the Per Acre Rent Schedule (5.27 percent); 
and
    (3) CR = Annual Percent Change in Rent as Determined by the Most 
Recent 10-Year Average of the difference in the IPD-GDP Index from 
January of one year to January of the following year.

    (b) One-time payment for grants converted to perpetual grants under 
Sec. 2807.15(b). If the land your grant encumbers is being transferred 
out of Federal ownership, and you request a conversion of your grant to 
a perpetual right-of-way grant, you must make a one-time rental payment 
in accordance with Sec. 2806.25(a).
    (c) In paragraphs (a) and (b) of this section, the annual rent is 
determined from the Per Acre Rent Schedule (see Sec. 2806.20(c)) as 
updated under Sec. 2806.22. However, the per acre zone value and zone 
number used in this annual rental determination will be based on the per 
acre land value from acceptable market information or the appraisal 
report, if any, for the land transfer action and not the county average 
per acre land and building value from the NASS Census. You may also 
submit an appraisal report on your own initiative in accordance with 
paragraph (d) of this section.
    (d) When no acceptable market information is available and no 
appraisal report has been completed for the land transfer action or when 
the BLM requests it, you must:
    (1) Prepare an appraisal report using Federal appraisal standards, 
at your expense, that explains how you estimated the land value per 
acre, the rate of return, and the encumbrance factor; and
    (2) Submit the appraisal report for consideration by the BLM State 
Director with jurisdiction over the lands encumbered by your 
authorization.

[73 FR 65072, Oct. 31, 2008]



Sec. 2806.26  How may I make rental payments when land encumbered
by my perpetual easement issued under Sec. 2807.15(b) is being
transferred out of Federal ownership?
          

    (a) The BLM will use the appraisal report for the land transfer 
action (i.e., direct or indirect land sales, land exchanges, and other 
land disposal actions) and other acceptable market information to 
determine the one-time rental payment for a perpetual easement issued 
under Sec. 2807.15(b).
    (b) When no acceptable market information is available and no 
appraisal report has been completed for the land transfer action or when 
the BLM requests it, you must prepare an appraisal report as required 
under Sec. 2806.25(d). You may also submit an appraisal report on your 
own initiative in accordance with Sec. 2806.25(d).

[73 FR 65072, Oct. 31, 2008]

                    Communication Site Rights-of-Way



Sec. 2806.30  What are the rents for communication site rights-of-way?

    (a) Rent schedule. (1) The BLM uses a rent schedule to calculate the 
rent for communication site rights-of-way. The schedule is based on nine 
population strata (the population served), as depicted in the most 
recent version of the Ranally Metro Area (RMA) Population Ranking, and 
the type of communication use or uses for which we normally grant 
communication site rights-of-way. These uses are listed as part of the 
definition of ``communication use

[[Page 269]]

rent schedule,'' set out at Sec. 2801.5(b). You may obtain a copy of the 
current schedule from any BLM State, district, or field office or by 
writing: U.S. Department of the Interior, Bureau of Land Management, 20 
M Street SE., Room 2134LM, Washington, DC 20003. We also post the 
current communication use rent schedule at http://www.blm.gov.
    (2) We update the schedule annually based on two sources: The U.S. 
Department of Labor Consumer Price Index for All Urban Consumers, U.S. 
City Average (CPI-U), as of July of each year (difference in CPI-U from 
July of one year to July of the following year), and the RMA population 
rankings.
    (3) BLM will limit the annual adjustment based on the Consumer Price 
Index to no more than 5 percent. At least every 10 years BLM will review 
the rent schedule to ensure that the schedule reflects fair market 
value.
    (b) Uses not covered by the schedule. The communication use rent 
schedule does not apply to:
    (1) Communication site uses, facilities, and devices located 
entirely within the exterior boundaries of an oil and gas lease, and 
directly supporting the operations of the oil and gas lease (see parts 
3160 through 3190 of this chapter);
    (2) Communication facilities and uses ancillary to and authorized 
under a linear grant, such as a railroad grant or an oil and gas 
pipeline grant;
    (3) Communication uses not listed on the schedule, such as telephone 
lines, fiber optic cables, and new technologies;
    (4) Grants for which BLM determines the rent by competitive bidding; 
or
    (5) Communication facilities and uses for which the BLM State 
Director concurs that:
    (i) The expected annual rent, as BLM estimates from market data, 
exceeds the rent from the rent schedule by five times; or
    (ii) The communication site serves a population of one million or 
more and the expected annual rent for the communication use or uses is 
more than $10,000 above the rent from the rent schedule.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92216, Dec. 19, 2016]



Sec. 2806.31  How will BLM calculate rent for a right-of-way for
communication uses in the schedule?

    (a) Basic rule. BLM calculates rents for:
    (1) Single-use facilities by applying the rent from the 
communication use rent schedule (see Sec. 2806.30 of this subpart) for 
the type of use and the population strata served; and
    (2) Multiple-use facilities, whose authorizations provide for 
subleasing, by setting the rent of the highest value use in the facility 
or facilities as the base rent (taken from the rent schedule) and adding 
to it 25 percent of the rent from the rent schedule for all tenant uses 
in the facility or facilities, if a tenant use is not used as the base 
rent (rent = base rent + 25 percent of all rent due to additional tenant 
uses in the facility or facilities) (see also Secs. 2806.32 and 2806.34 
of this subpart).
    (b) Exclusions. When calculating rent, BLM will exclude customer 
uses, except as provided for at Secs. 2806.34(b)(4) and 2806.42 of this 
subpart. BLM will also exclude those uses exempted from rent by 
Sec. 2806.14 of this subpart, and any uses whose rent has been waived or 
reduced to zero as described in Sec. 2806.15 of this subpart.
    (c) Annual statement. By October 15 of each year, you, as a grant or 
lease holder, must submit to BLM a certified statement listing any 
tenants and customers in your facility or facilities and the category of 
use for each tenant or customer as of September 30 of the same year. BLM 
may require you to submit any additional information needed to calculate 
your rent. BLM will determine the rent based on the certified statement 
provided. We require only facility owners or facility managers to hold a 
grant or lease (unless you are an occupant in a federally-owned facility 
as described in Sec. 2806.42 of this subpart), and will charge you rent 
for your grant or lease based on the total number of communication uses 
within the right-of-way and the type of uses and population strata the 
facility or site serves.



Sec. 2806.32  How does BLM determine the population strata served?

    (a) BLM determines the population strata served as follows:

[[Page 270]]

    (1) If the site or facility is within a designated RMA, BLM will use 
the population strata of the RMA;
    (2) If the site or facility is within a designated RMA, and it 
serves two or more RMAs, BLM will use the population strata of the RMA 
having the greatest population;
    (3) If the site or facility is outside an RMA, and it serves one or 
more RMAs, BLM will use the population strata of the RMA served having 
the greatest population;
    (4) If the site or facility is outside an RMA and the site does not 
serve an RMA, BLM will use the population strata of the community it 
serves having the greatest population, as identified in the current 
edition of the Rand McNally Road Atlas;
    (5) If the site or facility is outside an RMA, and it serves a 
community of less than 25,000, BLM will use the lowest population strata 
shown on the rent schedule.
    (b)(1) BLM considers all facilities (and all uses within the same 
facility) located at one site to serve the same RMA or community. 
However, BLM may make case-by-case exceptions in determining the 
population served at a particular site by uses not located within the 
same facility and not authorized under the same grant or lease. BLM has 
the sole responsibility to make this determination. For example, when a 
site has a mix of high-power and low-power uses that are authorized by 
separate grants or leases, and only the high-power uses are capable of 
serving an RMA or community with the greatest population, BLM may 
separately determine the population strata served by the low-power uses 
(if not collocated in the same facility with the high-power uses), and 
calculate their rent as described in Sec. 2806.30 of this subpart.
    (2) For purposes of rent calculation, all uses within the same 
facility and/or authorized under the same grant or lease must serve the 
same population strata.
    (3) For purposes of rent calculation, BLM will not modify the 
population rankings published in the Rand McNally Commercial Atlas and 
Marketing Guide or the population of the community served.



Sec. 2806.33  How will BLM calculate the rent for a grant or lease 
authorizing a single use communication facility?

    BLM calculates the rent for a grant or lease authorizing a single-
use communication facility from the communication use rent schedule (see 
Sec. 2806.30 of this subpart), based on your authorized single use and 
the population strata it serves (see Sec. 2806.32 of this subpart).



Sec. 2806.34  How will BLM calculate the rent for a grant or lease
authorizing a multiple-use communication facility?

    (a) Basic rule. BLM first determines the population strata the 
communication facility serves according to Sec. 2806.32 of this subpart 
and then calculates the rent assessed to facility owners and facility 
managers for a grant or lease for a communication facility that 
authorizes subleasing with tenants, customers, or both, as follows:
    (1) Using the communication use rent schedule. BLM will determine 
the rent of the highest value use in the facility or facilities as the 
base rent, and add to it 25 percent of the rent from the rent schedule 
(see Sec. 2806.30 of this subpart) for each tenant use in the facility 
or facilities;
    (2) If the highest value use is not the use of the facility owner or 
facility manager, BLM will consider the owner's or manager's use like 
any tenant or customer use in calculating the rent (see Sec. 2806.35(b) 
for facility owners and Sec. 2806.39(a) for facility managers);
    (3) If a tenant use is the highest value use, BLM will exclude the 
rent for that tenant's use when calculating the additional 25 percent 
amount under paragraph (a)(1) of this section for tenant uses;
    (4) If a holder has multiple uses authorized under the same grant or 
lease, such as a TV and a FM radio station, BLM will calculate the rent 
as in paragraph (a)(1) of this section. In this case, the TV rent would 
be the highest value use and BLM would charge the FM portion according 
to the rent schedule as if it were a tenant use.
    (b) Special applications. The following provisions apply when 
calculating

[[Page 271]]

rents for communication uses exempted from rent under Sec. 2806.14 of 
this subpart or communication uses whose rent has been waived or reduced 
to zero under Sec. 2806.15 of this subpart:
    (1) BLM will exclude exempted uses or uses whose rent has been 
waived or reduced to zero (see Secs. 2806.14 and 2806.15 of this 
subpart) of either a facility owner or a facility manager in calculating 
rents. BLM will exclude similar uses (see Secs. 2806.14 and 2806.15 of 
this subpart) of a customer or tenant if they choose to hold their own 
grant or lease (see Sec. 2806.36 of this subpart) or are occupants in a 
Federal facility (see Sec. 2806.42(a) of this subpart);
    (2) BLM will charge rent to a facility owner whose own use is either 
exempted from rent or whose rent has been waived or reduced to zero (see 
Secs. 2806.14 and 2806.15 of this subpart), but who has tenants in the 
facility, in an amount equal to the rent of the highest value tenant use 
plus 25 percent of the rent from the rent schedule for each of the 
remaining tenant uses subject to rent;
    (3) BLM will not charge rent to a facility owner, facility manager, 
or tenant (when holding a grant or lease) when all of the following 
occur:
    (i) BLM exempts from rent, waives, or reduces to zero the rent for 
the holder's use (see Secs. 2806.14 and 2806.15 of this subpart);
    (ii) Rent from all other uses in the facility is exempted, waived, 
or reduced to zero, or BLM considers such uses as customer uses; and
    (iii) The holder is not operating the facility for commercial 
purposes (see Sec. 2801.5(b) of this part) with respect to such other 
uses in the facility; and
    (4) If a holder, whose own use is exempted from rent or whose rent 
has been waived or reduced to zero, is conducting a commercial activity 
with customers or tenants whose uses are also exempted from rent or 
whose rent has been waived or reduced to zero (see Secs. 2806.14 and 
2806.15 of this subpart), BLM will charge rent, notwithstanding section 
2806.31(b), based on the highest value use within the facility. This 
paragraph (b)(4) does not apply to facilities exempt from rent under 
Sec. 2806.14(a)(4) except when the facility also includes ineligible 
facilities.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92217, Dec. 19, 2016]



Sec. 2806.35  How will BLM calculate rent for private mobile radio
service (PMRS), internal microwave, and ``other'' category uses?

    If an entity engaged in a PMRS, internal microwave, 
    or ``other'' use 
is:
    (a) Using space in a facility owned by either a facility owner or 
facility manager, BLM will consider the entity to be a customer and not 
include these uses in the rent calculation for the facility; or
    (b) The facility owner, BLM will follow the provisions in 
Sec. 2806.31 of this subpart to calculate rent for a lease involving 
these uses. However, we include the rent from the rent schedule for a 
PMRS, internal microwave, or other use in the rental calculation only if 
the value of that use is equal to or greater than the value of any other 
use in the facility. BLM excludes these uses in the 25 percent 
calculation (see Sec. 2806.31(a) of this subpart) when their value does 
not exceed the highest value in the facility.



Sec. 2806.36  If I am a tenant or customer in a facility, must I have
my own grant or lease and if so, how will this affect my rent?

    (a) You may have your own authorization, but BLM does not require a 
separate grant or lease for tenants and customers using a facility 
authorized by a BLM grant or lease that contains a subleasing provision. 
BLM charges the facility owner or facility manager rent based on the 
highest value use within the facility (including any tenant or customer 
use authorized by a separate grant or lease) and 25 percent of the rent 
from the rent schedule for each of the other uses subject to rent 
(including any tenant or customer use a separate grant or lease 
authorizes and the facility owner's use if it is not the highest value 
use).
    (b) If you own a building, equipment shelter, or tower on public 
lands for communication purposes, you must have an authorization under 
this part, even if you are also a tenant or customer in someone else's 
facility.

[[Page 272]]

    (c) BLM will charge tenants and customers who hold their own grant 
or lease in a facility, as grant or lease holders, the full annual rent 
for their use based on the BLM communication use rent schedule. BLM will 
also include such tenant or customer use in calculating the rent the 
facility owner or facility manager must pay.



Sec. 2806.37  How will BLM calculate rent for a grant or lease 
involving an entity with a single use (holder or tenant) having
equipment or occupying space in multiple BLM-authorized facilities
to support that single use?

    BLM will include the single use in calculating rent for each grant 
or lease authorizing that use. For example, a television station locates 
its antenna on a tower authorized by grant or lease ``A'' and locates 
its related broadcast equipment in a building authorized by grant or 
lease ``B.'' The statement listing tenants and customers for each 
facility (see Sec. 2806.31(c) of this subpart) must include the 
television use because each facility is benefitting economically from 
having the television broadcast equipment located there, even though the 
combined equipment is supporting only one single end use.



Sec. 2806.38  Can I combine multiple grants or leases for facilities
located on one site into a single grant or lease?

    If you hold authorizations for two or more facilities on the same 
site, you can combine all those uses under one grant or lease, with 
BLM's approval. The highest value use in all the combined facilities 
determines the base rent. BLM then charges for each remaining use in the 
combined facilities at 25 percent of the rent from the rent schedule. 
These uses include those uses we previously calculated as base rents 
when BLM authorized each of the facilities on an individual basis.



Sec. 2806.39  How will BLM calculate rent for a lease for a facility
manager's use?

    (a) BLM will follow the provisions in Sec. 2806.31 of this subpart 
to calculate rent for a lease involving a facility manager's use. 
However, we include the rent from the rent schedule for a facility 
manager's use in the rental calculation only if the value of that use is 
equal to or greater than the value of any other use in the facility. BLM 
excludes the facility manager's use in the 25 percent calculation (see 
Sec. 2806.31(a) of this subpart) when its value does not exceed the 
highest value in the facility.
    (b) If you are a facility owner and you terminate your use within 
the facility, but want to retain the lease for other purposes, BLM will 
continue to charge you for your authorized use until BLM amends the 
lease to change your use to facility manager or to some other 
communication use.



Sec. 2806.40  How will BLM calculate rent for a grant or lease for
ancillary communication uses associated with communication uses on 
the rent schedule?

    If the ancillary communication equipment is used solely in direct 
support of the primary use (see the definition of communication use rent 
schedule in Sec. 2801.5 of this part), BLM will calculate and charge 
rent only for the primary use.



Sec. 2806.41  How will BLM calculate rent for communication facilities
ancillary to a linear grant or other use authorization?

    When a communication facility is ancillary to, and authorized by BLM 
under, a grant for a linear use, or some other type of use authorization 
(e.g., a mineral lease or sundry notice), BLM will determine the rent 
using the linear rent schedule (see Sec. 2806.20 of this subpart) or 
rent scheme associated with the other authorization, and not the 
communication use rent schedule.



Sec. 2806.42  How will BLM calculate rent for a grant or lease
authorizing a communication use within a federally-owned communication
facility?

    (a) If you are an occupant of a federally-owned communication 
facility, you must have your own grant or lease and pay rent in 
accordance with these regulations.
    (b) If a Federal agency holds a grant or lease and agrees to operate 
the facility as a facility owner under Sec. 2806.31 of this subpart, 
occupants do not need a separate BLM grant or lease and BLM

[[Page 273]]

will calculate and charge rent to the Federal facility owner under 
Secs. 2806.30 through 2806.44 of this subpart.



Sec. 2806.43  How does BLM calculate rent for passive reflectors
and local exchange networks?

    (a) BLM calculates rent for passive reflectors and local exchange 
networks by using the same rent schedules for passive reflectors and 
local exchange networks as the Forest Service uses for the region in 
which the facilities are located. You may obtain the pertinent schedules 
from the Forest Service or from any BLM state or field office in the 
region in question. For passive reflectors and local exchange networks 
not covered by a Forest Service regional schedule, we use the provisions 
in Sec. 2806.70 to determine rent. See Forest Service regulations at 36 
CFR chapter II.
    (b) For the purposes of this subpart, the term:
    (1) Passive reflector includes various types of nonpowered reflector 
devices used to bend or ricochet electronic signals between active relay 
stations or between an active relay station and a terminal. A passive 
reflector commonly serves a microwave communication system. The 
reflector requires point-to-point line-of-sight with the connecting 
relay stations, but does not require electric power; and
    (2) Local exchange network means radio service which provides basic 
telephone service, primarily to rural communities.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92217, Dec. 19, 2016]



Sec. 2806.44  How will BLM calculate rent for a facility owner's or 
facility manager's grant or lease which authorizes communication uses?

    This section applies to a grant or lease that authorizes a mixture 
of communication uses, some of which are subject to the communication 
use rent schedule and some of which are not. We will determine rent for 
these leases under the provisions of this section.
    (a) The BLM establishes the rent for each of the uses in the 
facility that are not covered by the communication use rent schedule 
using Sec. 2806.70.
    (b) BLM establishes the rent for each of the uses in the facility 
that are covered by the rent schedule using Secs. 2806.30 and 2806.31 of 
this subpart.
    (c) BLM determines the facility owner or facility manager's rent by 
identifying the highest rent in the facility of those established under 
paragraphs (a) and (b) of this section, and adding to it 25 percent of 
the rent of all other uses subject to rent.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92217, Dec. 19, 2016]

                       Solar Energy Rights-of-Way



Sec. 2806.50  Rents and fees for solar energy rights-of-way.

    If you hold a right-of-way authorizing solar energy site-specific or 
project-area testing, or solar energy development, you must pay an 
annual rent and fee in accordance with this section and subpart. Your 
solar energy right-of-way authorization will either be a grant (if 
issued under subpart 2804) or a lease (if issued under subpart 2809). 
Rents and fees for either type of authorization consist of an acreage 
rent that must be paid prior to issuance of the authorization and a 
phased-in MW capacity fee. Both the acreage rent and the phased-in MW 
capacity fee are charged and calculated consistent with Sec. 2806.11 and 
prorated consistent with Sec. 2806.12(a). The MW capacity fee will vary 
depending on the size and technology of the solar energy development 
project.

[81 FR 92217, Dec. 19, 2016]



Sec. 2806.51  Scheduled Rate Adjustment.

    (a) The BLM will adjust your acreage rent and MW capacity fee over 
the course of your authorization as described in these regulations. For 
new grants or leases, you may choose either the standard rate adjustment 
method (see Sec. 2806.52(a)(5) and (b)(3) for grants; see 
Sec. 2806.54(a)(4) or (c) for leases) or the scheduled rate adjustment 
method (see Sec. 2806.52(d) for grants; see Sec. 2806.54(d) for leases). 
Once you select a rate adjustment method, that method will be fixed 
until you renew your grant or lease (see Sec. 2807.22).
    (b) For new grants or leases, if you select the scheduled rate 
adjustment method you must notify the BLM of

[[Page 274]]

your decision in writing. Your decision must be received by the BLM 
before your grant or lease is issued. If you do not select the scheduled 
rate adjustment method, the standard rate adjustment method will apply.
    (c) If you hold a grant that is in effect prior to January 18, 2017, 
you may either accept the standard rate adjustment method or request in 
writing that the BLM apply the scheduled rate adjustment method, as set 
forth in Sec. 2806.52(d), to your grant. To take advantage of the 
scheduled rate adjustment option, your request must be received by the 
BLM before December 19, 2018. The BLM will continue to apply the 
standard rate adjustment method to adjust your rates unless and until it 
receives your request to use the scheduled rate adjustment method.

[81 FR 92217, Dec. 19, 2016]



Sec. 2806.52  Rents and fees for solar energy development grants.

    You must pay an annual acreage rent and MW capacity fee for your 
solar energy development grant as follows:
    (a) Acreage rent. The BLM will calculate the acreage rent by 
multiplying the number of acres (rounded up to the nearest tenth of an 
acre) within the authorized area times the annual per acre zone rate 
from the solar energy acreage rent schedule in effect at the time the 
authorization is issued.
    (1) Per acre zone rate. The annual per acre zone rate from the solar 
energy acreage rent schedule is calculated using the per acre zone value 
(as assigned under paragraph (a)(2) of this section), encumbrance 
factor, rate of return, and the annual adjustment factor. The 
calculation for determining the annual per acre zone rate is A  x  B  x  
C  x  D = E where:
    (i) A is the per acre zone value = the same per acre zone values 
described in the linear rent schedule in Sec. 2806.20(c);
    (ii) B is the encumbrance factor = 100 percent;
    (iii) C is the rate of return = 5.27 percent;
    (iv) D is the annual adjustment factor = the average annual change 
in the IPD-GDP for the 10-year period immediately preceding the year 
that the NASS Census data becomes available (see Sec. 2806.22(a)). The 
BLM will adjust the per acre zone rates each year based on the average 
annual change in the IPD-GDP as determined under Sec. 2806.22(a). 
Adjusted rates are effective each year on January 1; and
    (v) E is the annual per acre zone rate.
    (2) Assignment of counties. The BLM will calculate the per acre zone 
rate in paragraph (a)(1) of this section by using a State-specific 
factor to assign a county to a zone in the solar energy acreage rent 
schedule. The BLM will calculate a State-specific factor and apply it to 
the NASS data (county average per acre land and building value) to 
determine the per acre value and assign a county (or other geographical 
area) to a zone. The State-specific factor represents the percent 
difference between improved agricultural land and unimproved rangeland 
values, using NASS data. The calculation for determining the State-
specific factor is (A/B)^(C/D) = E where:
    (i) A = the NASS Census statewide average per acre value of non-
irrigated acres;
    (ii) B = the NASS Census statewide average per acre land and 
building value;
    (iii) C = the NASS Census total statewide acres in farmsteads, 
homes, buildings, livestock facilities, ponds, roads, wasteland, etc.;
    (iv) D = the total statewide acres in farms; and
    (v) E = the State-specific percent factor or 20 percent, whichever 
is greater.
    (3) The initial assignment of counties to the zones on the solar 
energy acreage rent schedule will be based upon the most recent NASS 
Census data (2012) for years 2016 through 2020. The BLM may on its own 
or in response to requests consider making regional adjustments to those 
initial assignments, based on evidence that the NASS Census values do 
not accurately reflect the value of the BLM-managed lands in a given 
area. The BLM will update this rent schedule once every 5 years by re-
assigning counties to reflect the updated NASS Census values as 
described in Sec. 2806.21 and recalculate the State-specific percent 
factor once every 10 years as described in Sec. 2806.22(b).
    (4) Acreage rent payment. You must pay the acreage rent regardless 
of the stage of development or operations on

[[Page 275]]

the entire public land acreage described in the right-of-way 
authorization. The BLM State Director may approve a rental payment plan 
consistent with Sec. 2806.15(c).
    (5) Acreage rent adjustments. This paragraph (a)(5) applies unless 
you selected the scheduled rate adjustment method (see Sec. 2806.51). 
The BLM will adjust the acreage rent annually to reflect the change in 
the per acre zone rates as specified in paragraph (a)(1) of this 
section. The BLM will use the most current per acre zone rates to 
calculate the acreage rent for each year of the grant term.
    (6) You may obtain a copy of the current per acre zone rates for 
solar energy development (solar energy acreage rent schedule) from any 
BLM State, district, or field office or by writing: U.S. Department of 
the Interior, Bureau of Land Management, 20 M Street SE., Room 2134LM, 
Attention: Renewable Energy Coordination Office, Washington, DC 20003. 
The BLM also posts the current solar energy acreage rent schedule for 
solar energy development at http://www.blm.gov.
    (b)  MW capacity fee. The MW capacity fee is calculated by 
multiplying the approved MW capacity by the MW rate (for the applicable 
type of technology employed by the project) from the MW rate schedule 
(see paragraph (b)(2) of this section). You must pay the MW capacity fee 
annually when electricity generation begins or is scheduled to begin in 
the approved POD, whichever comes first:
    (1) MW rate. The MW rate is calculated by multiplying the total 
hours per year, by the net capacity factor, by the MWh price, by the 
rate of return. For an explanation of each of these terms, see the 
definition of MW rate in Sec. 2801.5(b).
    (2) MW rate schedule. You may obtain a copy of the current MW rate 
schedule for solar energy development from any BLM State, district, or 
field office or by writing: U.S. Department of the Interior, Bureau of 
Land Management, 20 M Street SE., Room 2134LM, Attention: Renewable 
Energy Coordination Office, Washington, DC 20003. The BLM also posts the 
current MW rate schedule for solar energy development at http://
www.blm.gov.
    (3) Periodic adjustments in the MW rate. This paragraph (b)(3) 
applies unless you selected the scheduled rate adjustment method (see 
Sec. 2806.51). The BLM will adjust the MW rate applicable to your grant 
every 5 years, beginning in 2021, by recalculating the following two 
components of the MW rate formula:
    (i) The adjusted MWh price is the average of the annual weighted 
average wholesale price per MWh for the major trading hubs serving the 
11 Western States of the continental United States for the full 5 
calendar-year period preceding the adjustment, rounded to the nearest 
dollar increment; and
    (ii) The adjusted rate of return is the 10-year average of the 20-
year U.S. Treasury bond yield for the full 10 calendar-year period 
preceding the adjustment, rounded to the nearest one-tenth percent, with 
a minimum rate of return of 4 percent.
    (4) MW rate phase-in. This paragraph (b)(4) applies unless you 
selected the scheduled rate adjustment method (see Sec. 2806.51). If you 
hold a solar energy development grant, the MW rate will be phased in as 
follows:
    (i) There is a 3-year phase-in of the MW rate when electricity 
generation begins or is scheduled to begin in the approved POD, 
whichever comes first, at the rates of:
    (A) 25 percent for the first year. This rate applies for the first 
partial calendar year of operations, from the date electricity 
generation begins until Dec. 31 of that year;
    (B) 50 percent for the second year; and
    (C) 100 percent for the third and subsequent years of operations.
    (ii) After generation of electricity starts and an approved POD 
provides for staged development:
    (A) The 3-year phase-in of the MW rate applies to each stage of 
development; and
    (B) The MW capacity fee is calculated using the authorized MW 
capacity approved for that stage plus any previously approved stages, 
multiplied by the MW rate.
    (5) The general payment provisions for rents described in this 
subpart, except for Sec. 2806.14(a)(4), also apply to the MW capacity 
fee.

[[Page 276]]

    (c) Initial implementation of the acreage rent and MW capacity fee. 
This paragraph (c) applies unless you selected the scheduled rate 
adjustment method (see Sec. 2806.51). If you hold a solar energy grant 
and made payments for billing year 2016, the BLM will reduce by 50 
percent the net increase in annual costs between billing year 2017 and 
billing year 2016. The net increase will be calculated based on a full 
calendar year.
    (d) Scheduled rate adjustment. Under the scheduled rate adjustment 
method (see Sec. 2806.51), the BLM will update your per acre zone rate 
and MW rate as follows:
    (1) The BLM will calculate your payments using the per acre zone 
rate (see Sec. 2806.52(a)(1)) and MW rate (see Sec. 2806.52(b)(1)) in 
place when your grant is issued, or for existing grants, the per acre 
zone rate and MW rate in place prior to December 19, 2016, as adjusted 
under paragraph (d)(6) of this section;
    (2) The per acre zone rate will increase:
    (i) Annually, beginning after the first full calendar year plus any 
initial partial year following issuance of your grant, by the average 
annual change in the IPD-GDP as described in Sec. 2806.22(b); and
    (ii) Every 5 years, beginning after the first 5 calendar years, plus 
any initial partial year, following issuance of your grant, by 20 
percent;
    (3) The MW rate will increase by 20 percent every 5 years, beginning 
after the first 5 years, plus the initial partial year, if any, your 
grant is in effect;
    (4) The BLM will not apply the phase-in to your MW rate under 
Sec. 2806.52(b)(4) or the reduction under Sec. 2806.52(c);
    (5) If the approved POD for your project provides for staged 
development, the BLM will calculate the MW capacity fee using the MW 
capacity approved for the current stage plus any previously approved 
stages, multiplied by the MW rate, as described under this section.
    (6) For grants in place prior to January 18, 2017 that select the 
scheduled rate adjustment method offered under Sec. 2806.51(c), the per 
acre zone rate and the MW rate in place prior to December 19, 2016 will 
be adjusted for the first year's payment using the scheduled rate 
adjustment method as follows:
    (i) The per acre zone rate will increase by the average annual 
change in the IPD-GDP as described in Sec. 2806.22(b) plus 20 percent;
    (ii) The MW rate will increase by 20 percent; and
    (iii) Subsequent increases will be performed as set forth in 
paragraphs (d)(2) and (3) of this section from the date of the initial 
adjustment under this paragraph (d).

[81 FR 92217, Dec. 19, 2016]



Sec. 2806.54  Rents and fees for solar energy development leases.

    If you hold a solar energy development lease obtained through 
competitive bidding under subpart 2809 of this part, you must make 
annual payments in accordance with this section and subpart, in addition 
to the one-time, upfront bonus bid you paid to obtain the lease. The 
annual payment includes an acreage rent for the number of acres included 
within the solar energy lease and an additional MW capacity fee based on 
the total authorized MW capacity for the approved solar energy project 
on the public lands.
    (a) Acreage rent. The BLM will calculate and bill you an acreage 
rent that must be paid prior to issuance of your lease as described in 
Sec. 2806.52(a). This acreage rent will be based on the following:
    (1) Per acre zone rate. See Sec. 2806.52(a)(1).
    (2) Assignment of counties. See Sec. 2806.52(a)(2) and (3).
    (3) Acreage rent payment. See Sec. 2806.52(a)(4).
    (4) Acreage rent adjustments. This paragraph (a)(4) applies unless 
you selected the scheduled rate adjustment method (see Sec. 2806.51). 
Once the acreage rent is determined under Sec. 2806.52(a), no further 
adjustments in the annual acreage rent will be made until year 11 of the 
lease term and each subsequent 10-year period thereafter. The BLM will 
use the per acre zone rates in effect when it adjusts the annual acreage 
rent at those 10-year intervals,
    (b) MW capacity fee. See Sec. 2806.52(b) introductory text and 
(b)(1), (2), and (3).
    (c) MW rate phase-in. This paragraph (c) applies unless you selected 
the

[[Page 277]]

scheduled rate adjustment method (see Sec. 2806.51). If you hold a solar 
energy development lease, the MW capacity fee will be phased in, 
starting when electricity begins to be generated. The MW capacity fee 
for years 1-20 will be calculated using the MW rate in effect when the 
lease is issued. The MW capacity fee for years 21-30 will be calculated 
using the MW rate in effect in year 21 of the lease. These rates will be 
phased-in as follows:
    (1) For years 1 through 10 of the lease, plus any initial partial 
year, the MW capacity fee is calculated by multiplying the project's 
authorized MW capacity by 50 percent of the applicable solar technology 
MW rate, as described in Sec. 2806.52(b)(2).
    (2) For years 11 through 20 of the lease, the MW capacity fee is 
calculated by multiplying the project's authorized MW capacity by 100 
percent of the applicable solar technology MW rate, as described in 
Sec. 2806.52(b)(2).
    (3) For years 21 through 30 of the lease, the MW capacity fee is 
calculated by multiplying the project's authorized MW capacity by 100 
percent of the applicable solar technology MW rate, as described in 
Sec. 2806.52(b)(2).
    (4) If the lease is renewed, the MW capacity fee is calculated using 
the MW rates at the beginning of the renewed lease period and will 
remain at that rate through the initial 10-year period of the renewal 
term. The MW capacity fee will be adjusted using the MW rate at the 
beginning of each subsequent 10-year period of the renewed lease term.
    (5) If an approved POD provides for staged development, the MW 
capacity fee is calculated using the MW capacity approved for that stage 
plus any previously approved stages, multiplied by the MW rate as 
described under this section.
    (d) Scheduled rate adjustment. Under the scheduled rate adjustment 
(see Sec. 2806.51), the BLM will update your per acre zone rate and MW 
rate as follows:
    (1) The BLM will calculate your payments using the per acre zone 
rate (see Sec. 2806.52(a)(1)) and MW rate (see Sec. 2806.52(b)(1)) in 
place when your lease is issued;
    (2) The per acre zone rate will increase every 10 years, beginning 
after the first 10 years, plus the initial partial year, if any, your 
lease is in effect, by the average annual change in the IPD-GDP for the 
preceding 10-year period as described in Sec. 2806.22(b) plus 40 
percent;
    (3) The MW rate will increase by 40 percent every 10 years, 
beginning after the first 10 years, plus the initial partial year, if 
any, your lease is in effect;
    (4) The BLM will not apply the phase-in to your MW rate under 
Sec. 2806.52(c). Instead, for years 1 through 5, plus any initial 
partial year, the BLM will calculate the MW capacity fee by multiplying 
the project's authorized MW capacity by 50 percent of the applicable 
solar technology MW rate. This phase-in will not be applied to renewed 
leases; and
    (5) If the approved POD for your project provides for staged 
development, the BLM will calculate the MW capacity fee using the MW 
capacity approved for the current stage plus any previously approved 
stages, multiplied by the MW rate, as described under this section.

[81 FR 92217, Dec. 19, 2016]



Sec. 2806.56  Rent for support facilities authorized under separate
grant(s).

    If a solar energy development project includes separate right-of-way 
authorizations issued for support facilities only (administration 
building, groundwater wells, construction lay down and staging areas, 
surface water management and control structures, etc.) or linear right-
of-way facilities (pipelines, roads, power lines, etc.), rent is 
determined using the Per Acre Rent Schedule for linear facilities (see 
Sec. 2806.20(c)).

[81 FR 92217, Dec. 19, 2016]



Sec. 2806.58  Rent for energy development testing grants.

    (a) Grants for energy site-specific testing. You must pay $100 per 
year for each meteorological tower or instrumentation facility location. 
BLM offices with approved small site rental schedules may use those fee 
structures if the fees in those schedules charge more than $100 per 
meteorological tower per year. In lieu of annual payments, you may 
instead pay for the entire term of the grant (3 years or less).

[[Page 278]]

    (b) Grants for energy project-area testing. You must pay $2,000 per 
year or $2 per acre per year for the lands authorized by the grant, 
whichever is greater. There is no additional rent for the installation 
of each meteorological tower or instrumentation facility located within 
the site testing and monitoring project-area.

[81 FR 92217, Dec. 19, 2016]

                        Wind Energy Rights-of-Way



Sec. 2806.60  Rents and fees for wind energy rights-of-way.

    If you hold a right-of-way authorizing wind energy site-specific 
testing or project-area testing or wind energy development, you must pay 
an annual rent and fee in accordance with this section and subpart. Your 
wind energy development right-of-way authorization will either be a 
grant (if issued under subpart 2804) or a lease (if issued under subpart 
2809). Rents and fees for either type of authorization consist of an 
acreage rent that must be paid prior to issuance of the authorization 
and a phased-in MW capacity fee. Both the acreage rent and the phased-in 
MW capacity fee are charged and calculated consistent with Sec. 2806.11 
and prorated consistent with Sec. 2806.12(a). The MW capacity fee will 
vary depending on the size of the wind energy development project.

[81 FR 92220, Dec. 19, 2016]



Sec. 2806.61  Scheduled Rate Adjustment.

    (a) The BLM will adjust your acreage rent and MW capacity fee over 
the course of your authorization as described in these regulations. For 
new grants or leases, you may choose either the standard rate adjustment 
method (see Sec. 2806.52(a)(5) and (b)(3) for grants; see 
Sec. 2806.54(a)(4) or (c) for leases) or the scheduled rate adjustment 
method (see Sec. 2806.52(d) for grants; see Sec. 2806.54(d) for leases). 
Once you select a rate adjustment method, that method will be fixed 
until you renew your grant or lease (see Sec. 2807.22).
    (b) For new grants or leases, if you select the scheduled rate 
adjustment method you must notify the BLM of your decision in writing. 
Your decision must be received by the BLM before your grant or lease is 
issued. If you do not select the scheduled rate adjustment method, the 
standard rate adjustment method will apply.
    (c) If you hold a grant that is in effect prior to January 18, 2017, 
you may either accept the standard rate adjustment method or request in 
writing that the BLM apply the scheduled rate adjustment method, as set 
forth in Sec. 2806.52(d), to your grant. To take advantage of the 
scheduled rate adjustment option, your request must be received by the 
BLM before December 19, 2018. The BLM will continue to apply the 
standard rate adjustment method to adjust your rates unless and until it 
receives your request to use the scheduled rate adjustment method.

[81 FR 92220, Dec. 19, 2016]



Sec. 2806.62  Rents and fees for wind energy development grants.

    You must pay an annual acreage rent and MW capacity fee for your 
wind energy development grant as follows:
    (a) Acreage rent. The BLM will calculate the acreage rent by 
multiplying the number of acres (rounded up to the nearest tenth of an 
acre) within the authorized area times the per acre zone rate from the 
wind energy acreage rent schedule in effect at the time the 
authorization is issued.
    (1) Per acre zone rate. The annual per acre zone rate from the wind 
energy acreage rent schedule is calculated using the per acre zone value 
(as assigned in accordance with paragraph (a)(2) of this section), 
encumbrance factor, rate of return, and the annual adjustment factor. 
The calculation for determining the annual per acre zone rate is A  x  B 
 x  C  x  D = E where:
    (i) A is the per acre zone value = the same per- acre zone values 
described in the linear rent schedule in Sec. 2806.20(c);
    (ii) B is the encumbrance factor = 10 percent;
    (iii) C is the rate of return = 5.27 percent;
    (iv) D is the annual adjustment factor = the average annual change 
in the IPD-GDP for the 10-year period immediately preceding the year 
that the NASS Census data becomes available (see Sec. 2806.22(a)). The 
BLM will adjust the per acre rates each year based on the average annual 
change in the IPD-

[[Page 279]]

GDP as determined under Sec. 2806.22(a). Adjusted rates are effective 
each year on January 1; and
    (v) E is the annual per acre zone rate.
    (2) Assignment of counties. The BLM will calculate the per acre zone 
rate in paragraph (a)(1) of this section by using a State-specific 
factor to assign a county to a zone in the wind energy acreage rent 
schedule. The BLM will calculate a State-specific factor and apply it to 
the NASS data (county average per acre land and building value) to 
determine the per acre value and assign a county (or other geographical 
area) to a zone. The State-specific factor represents the percent 
difference between improved agricultural land and unimproved rangeland 
values, using NASS data. The calculation per acre for determining the 
State-specific factor is (A/B)^(C/D) = E where:
    (i) A = the NASS Census statewide average per acre value of non-
irrigated acres;
    (ii) B = the NASS Census statewide average per acre land and 
building value;
    (iii) C = the NASS Census total statewide acres in farmsteads, 
homes, buildings, livestock facilities, ponds, roads, wasteland, etc.;
    (iv) D = the total statewide acres in farms; and
    (v) E = the State-specific percent factor or 20 percent, whichever 
is greater.
    (3) The initial assignment of counties to the zones on the wind 
energy acreage rent schedule will be based upon the most recent NASS 
Census data (2012) for years 2016 through 2020. The BLM may on its own 
or in response to requests consider making regional adjustments to those 
initial assignments, based on evidence that the NASS Census values do 
not accurately reflect those of the BLM-managed lands. The BLM will 
update this rent schedule once every 5 years by re-assigning counties to 
reflect the updated NASS Census values as described in Sec. 2806.21 and 
recalculate the State-specific percent factor once every 10 years as 
described in Sec. 2806.22(b).
    (4) Acreage rent payment. You must pay the acreage rent regardless 
of the stage of development or operations on the entire public land 
acreage described in the right-of-way authorization. The BLM State 
Director may approve a rental payment plan consistent with 
Sec. 2806.15(c).
    (5) Acreage rent adjustments. This paragraph (a)(5) applies unless 
you selected the scheduled rate adjustment method (see Sec. 2806.61). 
The BLM will adjust the acreage rent annually to reflect the change in 
the per acre zone rates as specified in paragraph (a)(1) of this 
section. The BLM will use the most current per acre zone rates to 
calculate the acreage rent for each year of the grant term.
    (6) The acreage rent must be paid as described in Sec. 2806.62(a) 
except for the initial implementation of the wind energy acreage rent 
schedule of section Sec. 2806.62(c).
    (7) You may obtain a copy of the current per acre zone rates for 
wind energy development (wind energy acreage rent schedule) from any BLM 
State, district, or field office or by writing: U.S. Department of the 
Interior, Bureau of Land Management, 20 M Street SE., Room 2134LM, 
Attention: Renewable Energy Coordination Office, Washington, DC 20003. 
The BLM also posts the current wind energy acreage rent schedule for 
wind energy development at http://www.blm.gov.
    (b) MW capacity fee. The MW capacity fee is calculated by 
multiplying the approved MW capacity by the MW rate. You must pay the MW 
capacity fee annually when electricity generation begins or is scheduled 
to begin in the approved POD, whichever comes first.
    (1) MW rate. The MW rate is calculated by multiplying the total 
hours per year by the net capacity factor, by the MWh price, by the rate 
of return. For an explanation of each of these terms, see the definition 
of MW rate in Sec. 2801.5(b).
    (2) MW rate schedule. You may obtain a copy of the current MW rate 
schedule for wind energy development from any BLM State, district, or 
field office or by writing: U.S. Department of the Interior, Bureau of 
Land Management, 20 M Street SE., Room 2134LM, Attention: Renewable 
Energy Coordination Office, Washington, DC 20003. The BLM also posts the 
current MW rate schedule for wind energy development at http://
www.blm.gov.

[[Page 280]]

    (3) Periodic adjustments in the MW rate. This paragraph (b)(3) 
applies unless you selected the scheduled rate adjustment method (see 
Sec. 2806.61). We will adjust the MW rate every 5 years, beginning in 
2021, by recalculating the following two components of the MW rate 
formula:
    (i) The adjusted MWh price is the average of the annual weighted 
average wholesale price per MWh for the major trading hubs serving the 
11 Western States of the continental United States for the full 5 
calendar-year period preceding the adjustment, rounded to the nearest 
dollar increment; and
    (ii) The adjusted rate of return is the 10-year average of the 20-
year U.S. Treasury bond yield for the full 10 calendar-year period 
preceding the adjustment, rounded to the nearest one-tenth percent, with 
a minimum rate of return of 4 percent.
    (4) MW rate phase-in. This paragraph (b)(4) applies unless you 
selected the scheduled rate adjustment method (see Sec. 2806.61). If you 
hold a wind energy development grant, the MW rate will be phased in as 
follows:
    (i) There is a 3-year phase-in of the MW rate when electricity 
generation begins or is scheduled to begin in the approved POD, 
whichever comes first, at the rates of:
    (A) 25 percent for the first year. This rate applies for the first 
partial calendar year of operations;
    (B) 50 percent for the second year; and
    (C) 100 percent for the third and subsequent years of operations.
    (ii) After generation of electricity starts and an approved POD 
provides for staged development:
    (A) The 3-year phase-in of the MW rate applies to each stage of 
development; and
    (B) The MW capacity fee is calculated using the authorized MW 
capacity approved for that stage, plus any previously approved stages, 
multiplied by the MW rate.
    (iii) The MW rate may be phased in further, as described in 
paragraph (c) of this section.
    (5) The general payment provisions for rents described in this 
subpart, except for Sec. 2806.14(a)(4), also apply to the MW capacity 
fee.
    (c) Initial implementation of the acreage rent and MW capacity fee. 
This paragraph (c) applies unless you selected the scheduled rate 
adjustment method (see Sec. 2806.61).
    (1) If you hold a wind energy grant and made payments for billing 
year 2016, the BLM will reduce by 50 percent the net increase in annual 
costs between billing year 2017 and billing year 2016. The net increase 
will be calculated based on a full calendar year.
    (2) If the BLM accepted your application for a wind energy 
development grant, including a plan of development and cost recovery 
agreement, prior to September 30, 2014, the BLM will phase in your 
payment of the acreage rent and MW capacity fee by reducing the:
    (i) Acreage rent of the grant by 50 percent for the initial partial 
year of the grant; and
    (ii) MW capacity fee by 75 percent for the first (initial partial) 
and second years and by 50 percent for the third and fourth years for 
which the BLM requires payment of the MW capacity fee. This reduction to 
the MW capacity fee applies to each stage of development.
    (d) Scheduled rate adjustment. Under the scheduled rate adjustment 
(see Sec. 2806.61), the BLM will update your per acre zone rate and MW 
rate as follows:
    (1) The BLM will calculate your payments using the per acre zone 
rate (see Sec. 2806.62(a)(1)) and MW rate (see Sec. 2806.62(b)(1)) in 
place when your grant is issued, or for existing grants, the per acre 
zone rate and MW rate in place prior to December 19, 2016, as adjusted 
under paragraph (d)(6) of this section;
    (2) The per acre zone rate will increase:
    (i) Annually, beginning after the first full year plus the initial 
partial year, if any, your grant is in effect by the average annual 
change in the IPD-GDP as described in Sec. 2806.22(b); and
    (ii) Every 5 years, beginning after the first 5 years, plus the 
initial partial year, if any, your grant is in effect, by 20 percent;
    (3) The MW rate will increase by 20 percent every 5 years, beginning 
after the first 5 years, plus the initial partial year, if any, your 
grant is in effect;

[[Page 281]]

    (4) The BLM will not apply the phase-in to your MW rate under 
Sec. 2806.62(b)(4) or the reduction under Sec. 2806.62(c); and
    (5) If the approved POD for your project provides for staged 
development, the BLM will calculate the MW capacity fee using the MW 
capacity approved for that stage in question plus any previously 
approved stages, multiplied by the MW rate as described under this 
section.
    (6) For grants in place prior to January 18, 2017 that select the 
scheduled rate adjustment method offered under Sec. 2806.61(c), the per 
acre zone rate and the MW rate in place prior to December 19, 2016 will 
be adjusted for the first year's payment using the scheduled rate 
adjustment method as follows:
    (i) The per acre zone rate will increase by the average annual 
change in the IPD-GDP as described in Sec. 2806.22(b) plus 20 percent;
    (ii) The MW rate will increase by 20 percent; and
    (iii) Subsequent increases will be performed as set forth in 
paragraphs (d)(2) and (3) of this section from the date of the initial 
adjustment under paragraph (d)(6) of this section.

[81 FR 92220, Dec. 19, 2016]



Sec. 2806.64  Rents and fees for wind energy development leases.

    If you hold a wind energy development lease obtained through 
competitive bidding under subpart 2809 of this part, you must make 
annual payments in accordance with this section and subpart, in addition 
to the one-time, up front bonus bid you paid to obtain the lease. The 
annual payment includes an acreage rent for the number of acres included 
within the wind energy lease and an additional MW capacity fee based on 
the total authorized MW capacity for the approved wind energy project on 
the public lands.
    (a) Acreage rent. The BLM will calculate and bill you an acreage 
rent that must be paid prior to issuance of your lease as described in 
Sec. 2806.62(a). This acreage rent will be based on the following:
    (1) Per acre zone rate. See Sec. 2806.62(a)(1).
    (2) Assignment of counties. See Sec. 2806.62(a)(2) and (3).
    (3) Acreage rent payment. See Sec. 2806.62(a)(4).
    (4) Acreage rent adjustments. This paragraph (a)(4) applies unless 
you selected the scheduled rate adjustment method (see Sec. 2806.61). 
Once the acreage rent is determined under Sec. 2806.62(a), no further 
adjustments in the annual acreage rent will be made until year 11 of the 
lease term and each subsequent 10-year period thereafter. We will use 
the per acre zone rates in effect at the time the acreage rent is due 
(at the beginning of each 10-year period) to calculate the annual 
acreage rent for each of the subsequent 10-year periods.
    (b) MW capacity fee. See Sec. 2806.62(b) introductory text and 
(b)(1), (2), and (3).
    (c) MW rate phase-in. This paragraph (c) applies unless you selected 
the scheduled rate adjustment method (see Sec. 2806.61). If you hold a 
wind energy development lease, the MW capacity fee will be phased in, 
starting when electricity begins to be generated. The MW capacity fee 
for years 1-20 will be calculated using the MW rate in effect when the 
lease is issued. The MW capacity fee for years 21-30 will be calculated 
using the MW rate in effect in year 21 of the lease. These rates will be 
phased-in as follows:
    (1) For years 1 through 10 of the lease, plus any initial partial 
year, the MW capacity fee is calculated by multiplying the project's 
authorized MW capacity by 50 percent of the wind energy technology MW 
rate, as described in Sec. 2806.62(b)(2);
    (2) For years 11 through 20 of the lease, the MW capacity fee is 
calculated by multiplying the project's authorized MW capacity by 100 
percent of the wind energy technology MW rate described in 
Sec. 2806.62(b)(2);
    (3) For years 21 through 30 of the lease, the MW capacity fee is 
calculated by multiplying the project's authorized MW capacity by 100 
percent of the wind energy technology MW rate as described in 
Sec. 2806.62(b)(2);
    (4) If the lease is renewed, the MW capacity fee is calculated using 
the MW rates at the beginning of the renewed lease period and will 
remain at that rate through the initial 10 year period of the renewal 
term. The MW capacity fee will continue to adjust at the beginning of 
each subsequent 10 year period

[[Page 282]]

of the renewed lease term to reflect the then currently applicable MW 
rates; and
    (5) If an approved POD provides for staged development, the MW 
capacity fee is calculated using the MW capacity approved for that stage 
plus any previously approved stage, multiplied by the MW rate, as 
described in this section.
    (d) Scheduled rate adjustment. Under the scheduled rate adjustment 
(see Sec. 2806.61), the BLM will update your per acre zone rate and MW 
rate as follows:
    (1) The BLM will calculate your payments using the per acre zone 
rate (see Sec. 2806.62(a)(1)) and MW rate (see Sec. 2806.62(b)(1)) in 
place when your lease is issued;
    (2) The per acre zone rate will increase every 10 years, beginning 
after the first 10 years, plus the initial partial year, if any, your 
lease is in effect, by the average annual change in the IPD-GDP for the 
preceding 10-year period as described in Sec. 2806.22(b) plus 40 
percent;
    (3) The MW rate will increase by 40 percent every 10 years, 
beginning after the first 10 years, plus the initial partial year, if 
any, your lease is in effect;
    (4) The BLM will not apply the phase-in to your MW rate under 
Sec. 2806.62(c). Instead, for years 1 through 5, plus any initial 
partial year, the BLM will calculate the MW capacity fee by multiplying 
the project's authorized MW capacity by 50 percent of the applicable 
solar technology MW rate. This phase-in will not be applied to renewed 
leases; and
    (5) If the approved POD for your project provides for staged 
development, the BLM will calculate the MW capacity fee using the MW 
capacity approved for that stage in question plus any previously 
approved stages, multiplied by the MW rate as described under this 
section.

[81 FR 92220, Dec. 19, 2016]



Sec. 2806.66  Rent for support facilities authorized under separate
grant(s).

    If a wind energy development project includes separate right-of-way 
authorizations issued for support facilities only (administration 
building, groundwater wells, construction lay down and staging areas, 
surface water management, and control structures, etc.) or linear right-
of-way facilities (pipelines, roads, power lines, etc.), rent is 
determined using the Per Acre Rent Schedule for linear facilities (see 
Sec. 2806.20(c)).

[81 FR 92220, Dec. 19, 2016]



Sec. 2806.68  Rent for energy development testing grants.

    (a) Grant for energy site-specific testing. You must pay $100 per 
year for each meteorological tower or instrumentation facility location. 
BLM offices with approved small site rental schedules may use those fee 
structures if the fees in those schedules charge more than $100 per 
meteorological tower per year. In lieu of annual payments, you may 
instead pay for the entire term of the grant (3 years or less).
    (b) Grant for energy project-area testing. You must pay $2,000 per 
year or $2 per acre per year for the lands authorized by the grant, 
whichever is greater. There is no additional rent for the installation 
of each meteorological tower or instrumentation facility located within 
the site testing and monitoring project area.

[81 FR 92220, Dec. 19, 2016]

                           Other Rights-of-Way



Sec. 2806.70  How will the BLM determine the payment for a grant
or lease when the linear, communication use, solar energy, or wind
energy payment schedules do not apply?

    When we determine that the linear, communication use, solar, or wind 
energy payment schedules do not apply, we may determine your payment 
through a process based on comparable commercial practices, appraisals, 
competitive bids, or other reasonable methods. We will notify you in 
writing of the payment determination. If you disagree with the payment 
determination, you may appeal our final determination under 
Sec. 2801.10.

[81 FR 92222, Dec. 19, 2016]

[[Page 283]]



             Subpart 2807_Grant Administration and Operation



Sec. 2807.10  When can I start activities under my grant?

    When you can start depends on the terms of your grant. You can start 
activities when you receive the grant you and BLM signed, unless the 
grant includes a requirement for BLM to provide a written Notice to 
Proceed. If your grant contains a Notice to Proceed requirement, you may 
not initiate construction, operation, maintenance, or termination until 
BLM issues you a Notice to Proceed.



Sec. 2807.11  When must I contact BLM during operations?

    You must contact BLM:
    (a) At the times specified in your grant;
    (b) When your use requires a substantial deviation from the grant. 
You must seek an amendment to your grant under Sec. 2807.20 and obtain 
the BLM's approval before you begin any activity that is a substantial 
deviation;
    (c) When there is a change affecting your application or grant, 
including, but not limited to, changes in:
    (1) Mailing address;
    (2) Partners;
    (3) Financial conditions; or
    (4) Business or corporate status;
    (d) Whenever site-specific circumstances or conditions result in the 
need for changes to an approved right-of-way grant or lease, POD, site 
plan, mitigation measures, or construction, operation, or termination 
procedures that are not substantial deviations in location or use 
authorized by a right-of-way grant or lease. Changes for authorized 
actions, project materials, or adopted mitigation measures within the 
existing, approved right-of-way area must be submitted to us for review 
and approval;
    (e) To identify and correct discrepancies or inconsistencies;
    (f) When you submit a certification of construction, if the terms of 
your grant require it. A certification of construction is a document you 
submit to BLM after you have finished constructing a facility, but 
before you begin operating it, verifying that you have constructed and 
tested the facility to ensure that it complies with the terms of the 
grant and with applicable Federal and state laws and regulations; or
    (g) When BLM requests it. You must update information or confirm 
that information you submitted before is accurate.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92222, Dec. 19, 2016]



Sec. 2807.12  If I hold a grant, for what am I liable?

    (a) If you hold a grant, you are liable to the United States and to 
third parties for any damage or injury they incur in connection with 
your use and occupancy of the right-of-way.
    (b) You are strictly liable for any activity or facility associated 
with your right-of-way area which BLM determines presents a foreseeable 
hazard or risk of damage or injury to the United States. BLM will 
specify in the grant any activity or facility posing such hazard or 
risk, and the financial limitations on damages commensurate with such 
hazard or risk.
    (1) BLM will not impose strict liability for damage or injury 
resulting primarily from an act of war, an act of God, or the negligence 
of the United States, except as otherwise provided by law.
    (2) As used in this section, strict liability extends to costs 
incurred by the Federal government to control or abate conditions, such 
as fire or oil spills, which threaten life, property, or the 
environment, even if the threat occurs to areas that are not under 
Federal jurisdiction. This liability is separate and apart from 
liability under other provisions of law.
    (3) You are strictly liable to the United States for damage or 
injury up to $2 million for any one incident. BLM will update this 
amount annually to adjust for changes in the Consumer Price Index for 
All Urban Consumers, U.S. City Average (CPI-U) as of July of each year 
(difference in CPI-U from July of one year to July of the following 
year), rounded to the nearest $1,000. This financial limitation does not 
apply to the release or discharge of hazardous substances on or near the 
grant, or where liability is otherwise

[[Page 284]]

not subject to this financial limitation under applicable law.
    (4) BLM will determine your liability for any amount in excess of 
the $2 million strict liability limitation (as adjusted) through the 
ordinary rules of negligence.
    (5) The rules of subrogation apply in cases where a third party 
caused the damage or injury.
    (c) If you cannot satisfy claims for injury or damage, all owners of 
any interests in, and all affiliates or subsidiaries of any holder of, a 
grant, except for corporate stockholders, are jointly and severally 
liable to the United States.
    (d) If BLM issues a grant to more than one person, each is jointly 
and severally liable.
    (e) By accepting the grant, you agree to fully indemnify or hold the 
United States harmless for liability, damage, or claims arising in 
connection with your use and occupancy of the right-of-way area.
    (f) We address liability of state, tribal, and local governments in 
Sec. 2807.13 of this subpart.
    (g) The provisions of this section do not limit or exclude other 
remedies.



Sec. 2807.13  As grant holders, what liabilities do state, tribal, 
and local governments have?

    (a) If you are a state, tribal, or local government or its agency or 
instrumentality, you are liable to the fullest extent law allows at the 
time that BLM issues your grant. If you do not have the legal power to 
assume full liability, you must repair damages or make restitution to 
the fullest extent of your powers.
    (b) BLM may require you to provide a bond, insurance, or other 
acceptable security to:
    (1) Protect the liability exposure of the United States to claims by 
third parties arising out of your use and occupancy of the right-of-way;
    (2) Cover any losses, damages, or injury to human health, the 
environment, and property incurred in connection with your use and 
occupancy of the right-of-way; and
    (3) Cover any damages or injuries resulting from the release or 
discharge of hazardous materials incurred in connection with your use 
and occupancy of the right-of-way.
    (c) Based on your record of compliance and changes in risk and 
conditions, BLM may require you to increase or decrease the amount of 
your bond, insurance, or security.
    (d) The provisions of this section do not limit or exclude other 
remedies.



Sec. 2807.14  How will BLM notify me if someone else wants a grant
for land subject to my grant or near or adjacent to it?

    BLM will notify you in writing when it receives a grant application 
for land subject to your grant or near or adjacent to it. BLM will 
consider your written recommendations as to how the proposed use affects 
the integrity of, or your ability to operate, your facilities. The 
notice will contain a time period within which you must respond. The 
notice may also notify you of additional opportunities to comment.



Sec. 2807.15  How is grant administration affected if the land my 
grant encumbers is transferred to another Federal agency or out
of Federal ownership?

    (a) If there is a proposal to transfer the land your grant encumbers 
to another Federal agency, BLM may, after reasonable notice to you, 
transfer administration of your grant for the lands BLM formerly 
administered to another Federal agency, unless doing so would diminish 
your rights. If BLM determines your rights would be diminished by such a 
transfer, BLM can still transfer the land, but retain administration of 
your grant under existing terms and conditions.
    (b) The BLM will provide reasonable notice to you if there is a 
proposal to transfer the land your grant encumbers out of Federal 
ownership. If you request, the BLM will negotiate new grant terms and 
conditions with you. This may include increasing the term of your grant 
to a perpetual grant or providing for an easement. These changes, if 
any, become effective prior to the time the land is transferred out of 
Federal ownership. The BLM may then, in conformance with existing 
policies and procedures:

[[Page 285]]

    (1) Transfer the land subject to your grant or easement. In this 
case, administration of your grant or easement for the lands BLM 
formerly administered is transferred to the new owner of the land;
    (2) Transfer the land, but BLM retains administration of your grant 
or easement; or
    (3) Reserve to the United States the land your grant or easement 
encumbers, and BLM retains administration of your grant or easement.
    (c) You and the new land owner may agree to negotiate new grant 
terms and conditions any time after the land encumbered by your grant is 
transferred out of Federal ownership.

[70 FR 21058, Apr. 22, 2005, as amended at 73 FR 65073, Oct. 31, 2008]



Sec. 2807.16  Under what conditions may BLM order an immediate 
temporary suspension of my activities?

    (a) If BLM determines that you have violated one or more of the 
terms, conditions, or stipulations of your grant, we can order an 
immediate temporary suspension of activities within the right-of-way 
area to protect public health or safety or the environment. BLM can 
require you to stop your activities before holding an administrative 
proceeding on the matter.
    (b) BLM may issue the immediate temporary suspension order orally or 
in writing to you, your contractor or subcontractor, or to any 
representative, agent, or employee representing you or conducting the 
activity. When you receive the order, you must stop the activity 
immediately. BLM will, as soon as practical, confirm an oral order by 
sending or hand delivering to you or your agent at your address a 
written suspension order explaining the reasons for it.
    (c) You may file a written request for permission to resume 
activities at any time after BLM issues the order. In the request, give 
the facts supporting your request and the reasons you believe that BLM 
should lift the order. BLM must grant or deny your request within 5 
business days after receiving it. If BLM does not respond within 5 
business days, BLM has denied your request. You may appeal the denial 
under Sec. 2801.10 of this part.
    (d) The immediate temporary suspension order is effective until you 
receive BLM's written notice to proceed with your activities.



Sec. 2807.17  Under what conditions may BLM suspend or terminate 
my grant?

    (a) BLM may suspend or terminate your grant if you do not comply 
with applicable laws and regulations or any terms, conditions, or 
stipulations of the grant (such as rent payments), or if you abandon the 
right-of-way.
    (b) A grant also terminates when:
    (1) The grant contains a term or condition that has been met that 
requires the grant to terminate;
    (2) BLM consents in writing to your request to terminate the grant; 
or
    (3) It is required by law to terminate.
    (c) Your failure to use your right-of-way for its authorized purpose 
for any continuous 5-year period creates a presumption of abandonment. 
BLM will notify you in writing of this presumption. You may rebut the 
presumption of abandonment by proving that you used the right-of-way or 
that your failure to use the right-of-way was due to circumstances 
beyond your control, such as acts of God, war, or casualties not 
attributable to you.
    (d) The BLM may suspend or terminate another Federal agency's grant 
only if:
    (1) The terms and conditions of the Federal agency's grant allow it; 
or
    (2) The agency head holding the grant consents to it.
    (e) You may appeal a decision under this section under Sec. 2801.10 
of this part.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92223, Dec. 19, 2016]



Sec. 2807.18  How will I know that BLM intends to suspend or 
terminate my grant?

    (a) Before BLM suspends or terminates your grant under 
Sec. 2807.17(a) of this subpart, it will send you a written notice 
stating that it intends to suspend or terminate your grant and giving 
the grounds for such action. The notice will give you a reasonable 
opportunity to correct any noncompliance or start or resume use of the 
right-of-way, as appropriate.

[[Page 286]]

    (b) To suspend or terminate a grant issued as an easement, BLM must 
give you written notice and refer the matter to the Office of Hearings 
and Appeals for a hearing before an ALJ under 5 U.S.C. 554. No hearing 
is required if the grant provided by its terms for termination on the 
occurrence of a fixed or agreed upon condition, event, or time. If the 
ALJ determines that grounds for suspension or termination exist and such 
action is justified, BLM will suspend or terminate the grant.



Sec. 2807.19  When my grant terminates, what happens to any facilities
on it?

    (a) After your grant terminates, you must remove any facilities 
within the right-of-way within a reasonable time, as determined by BLM, 
unless BLM instructs you otherwise in writing, or termination is due to 
non-payment of rent (see Sec. 2806.13(c) of this part).
    (b) After removing the facilities, you must remediate and restore 
the right-of-way area to a condition satisfactory to BLM, including the 
removal and clean up of any hazardous materials.
    (c) If you do not remove all facilities within a reasonable period 
as determined by BLM, BLM may declare them to be the property of the 
United States. However, you are still liable for the costs of removing 
them and for remediating and restoring the right-of-way area.



Sec. 2807.20  When must I amend my application, seek an amendment
of my grant, or obtain a new grant?

    (a) You must amend your application or seek an amendment of your 
grant when there is a proposed substantial deviation in location or use.
    (b) The requirements to amend an application or grant are the same 
as those for a new application, including paying processing and 
monitoring fees and rent according to Secs. 2804.14, 2805.16, and 
2806.10 of this part.
    (c) Any activity not authorized by your grant may subject you to 
prosecution under applicable law and to trespass charges under subpart 
2808 of this part.
    (d) If your grant was issued prior to October 21, 1976, and there is 
a proposed substantial deviation in the location or use or terms and 
conditions of your right-of-way grant, you must apply for a new grant 
consistent with the remainder of this section. BLM may respond to your 
request in one of the following ways:
    (1) If BLM approves your application, BLM will terminate your old 
grant and you will receive a new grant under 43 U.S.C. 1761 et seq. and 
the regulations in this part. BLM may include the same terms and 
conditions in the new grant as were in the original grant as to annual 
rent, duration, and nature of interest if BLM determines, based on 
current land use plans and other management decisions, that it is in the 
public interest to do so; or
    (2) Alternatively, BLM may keep the old grant in effect and issue a 
new grant for the new use or location, or terms and conditions.
    (e) You must apply for a new grant to allow realignment of your 
railroad and appurtenant communication facilities. BLM must issue a 
decision within 6 months after it receives your complete application. 
BLM may include the same terms and conditions in the new grant as were 
in the original grant as to annual rent, duration, and nature of 
interest if:
    (1) These terms are in the public interest;
    (2) The lands are of approximately equal value; and
    (3) The lands involved are not within an incorporated community.



Sec. 2807.21  May I assign or make other changes to my grant
or lease?

    (a) With the BLM's approval, you may assign, in whole or in part, 
any right or interest in a grant or lease. Assignment actions that may 
require BLM approval include, but are not limited to, the following:
    (1) The transfer by the holder (assignor) of any right or interest 
in the grant or lease to a third party (assignee); and
    (2) Changes in ownership or other related change in control 
transactions involving the BLM right-of-way holder and another business 
entity (assignee), including corporate mergers or acquisitions, but not 
transactions within the same corporate family.

[[Page 287]]

    (b) The BLM may require a grant or lease holder to file new or 
revised information in some circumstances that do not constitute an 
assignment (see subpart 2803 and Secs. 2804.12(e) and 2807.11). 
Circumstances that would not constitute an assignment but may 
necessitate this filing include, but are not limited to:
    (1) Transactions within the same corporate family;
    (2) Changes in the holder's name only (see paragraph (h) of this 
section); and
    (3) Changes in the holder's articles of incorporation.
    (c) In order to assign a grant or lease, the proposed assignee must 
file an assignment application and follow the same procedures and 
standards as for a new grant or lease, including paying application and 
processing fees, and the grant must be in compliance with the terms and 
conditions of Sec. 2805.12. The preliminary application review meetings 
and public meeting under Secs. 2804.12 and 2804.25 are not required for 
an assignment. We will not approve any assignment until the assignor 
makes any outstanding payments that are due (see Sec. 2806.13(g)).
    (d) The assignment application must also include:
    (1) Documentation that the assignor agrees to the assignment; and
    (2) A signed statement that the proposed assignee agrees to comply 
with and be bound by the terms and conditions of the grant that is being 
assigned and all applicable laws and regulations.
    (e) Your assignment is not recognized until the BLM approves it in 
writing. We will approve the assignment if doing so is in the public 
interest. Except for leases issued under subpart 2809 of this part, we 
may modify the grant or lease or add bonding and other requirements, 
including additional terms and conditions, to the grant or lease when 
approving the assignment, unless a modification to a lease issued under 
subpart 2809 of this part is required under Sec. 2805.15(e). We may 
decrease rents if the new holder qualifies for an exemption (see 
Sec. 2806.14) or waiver or reduction (see Sec. 2806.15) and the previous 
holder did not. Similarly, we may increase rents if the previous holder 
qualified for an exemption or waiver or reduction and the new holder 
does not. If we approve the assignment, the benefits and liabilities of 
the grant or lease apply to the new grant or lease holder.
    (f) The processing time and conditions described at Sec. 2804.25(d) 
of this part apply to assignment applications.
    (g) Only interests in issued right-of-way grants and leases are 
assignable. Except for applications submitted by a preferred applicant 
under Sec. 2804.30(g), pending right-of-way applications do not create 
any property rights or other interest and may not be assigned from one 
entity to another, except that an entity with a pending application may 
continue to pursue that application even if that entity becomes a wholly 
owned subsidiary of a new third party.
    (h) To complete a change in name only, (i.e., when the name change 
in question is not the result of an underlying change in control of the 
right-of-way grant), the following requirements must be met:
    (1) The holder must file an application requesting a name change and 
follow the same procedures as for a new grant, including paying 
processing fees. However, the application fees (see subpart 2804 of this 
part) and the preliminary application review and public meetings (see 
Secs. 2804.12 and 2804.25) are not required. The name change request 
must include:
    (i) If the name change is for an individual, a copy of the court 
order or other legal document effectuating the name change; or
    (ii) If the name change is for a corporation, a copy of the 
corporate resolution(s) proposing and approving the name change, a copy 
of the acceptance of the change in name by the State or Territory in 
which it is incorporated, and a copy of the appropriate resolution, 
order or other documentation showing the name change.
    (2) When reviewing a proposed name change only, we may determine it 
is necessary to:
    (i) Modify a grant issued under subpart 2804 to add bonding and 
other requirements, including additional terms and conditions to the 
grant; or
    (ii) Modify a lease issued under subpart 2809 in accordance with 
Sec. 2805.15(e).

[[Page 288]]

    (3) Your name change is not recognized until the BLM approves it in 
writing.

[81 FR 92223, Dec. 19, 2016]



Sec. 2807.22  How do I renew my grant or lease?

    (a) If your grant or lease specifies the terms and conditions for 
its renewal, and you choose to renew it, you must request a renewal from 
the BLM at least 120 calendar days before your grant or lease expires 
consistent with the renewal terms and conditions specified in your grant 
or lease. We will renew the grant or lease if you are in compliance with 
the renewal terms and conditions; the other terms, conditions, and 
stipulations of the grant or lease; and other applicable laws and 
regulations.
    (b) If your grant or lease does not specify the terms and conditions 
for its renewal, you may apply to us to renew the grant or lease. You 
must send us your application at least 120 calendar days before your 
grant or lease expires. In your application you must show that you are 
in compliance with the terms, conditions, and stipulations of the grant 
or lease and other applicable laws and regulations, and explain why a 
renewal of your grant or lease is necessary. We may approve or deny your 
application to renew your grant or lease.
    (c) Submit your application under paragraph (a) or (b) of this 
section and include the same information necessary for a new application 
(see subpart 2804 of this part). You must reimburse BLM in advance for 
the administrative costs of processing the renewal in accordance with 
Sec. 2804.14 of this part.
    (d) We will review your application and determine the applicable 
terms and conditions of any renewed grant or lease.
    (e) BLM will not renew grants issued before October 21, 1976. If you 
hold such a grant and would like to continue to use the right-of-way 
beyond your grant's expiration date, you must apply to BLM for a new 
FLPMA grant (see subpart 2804 of this part). You must send BLM your 
application at least 120 calendar days before your grant expires.
    (f) If you make a timely and sufficient application for a renewal of 
your existing grant or lease, or for a new grant or lease, in accordance 
with this section, the existing grant does not expire until we have 
issued a decision to approve or deny the application.
    (g) If BLM denies your application, you may appeal the decision 
under Sec. 2801.10 of this part.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92223, Dec. 19, 2016]



                          Subpart 2808_Trespass



Sec. 2808.10  What is trespass?

    (a) Trespass is using, occupying, or developing the public lands or 
their resources without a required authorization or in a way that is 
beyond the scope and terms and conditions of your authorization. 
Trespass is a prohibited act.
    (b) Trespass includes acts or omissions causing unnecessary or undue 
degradation to the public lands or their resources. In determining 
whether such degradation is occurring, BLM may consider the effects of 
the activity on resources and land uses outside the area of the 
activity.
    (c) There are two kinds of trespass, willful and non-willful.
    (1) Willful trespass is voluntary or conscious trespass and includes 
trespass committed with criminal or malicious intent. It includes a 
consistent pattern of actions taken with knowledge, even if those 
actions are taken in the belief that the conduct is reasonable or legal.
    (2) Non-willful trespass is trespass committed by mistake or 
inadvertence.



Sec. 2808.11  What will BLM do if it determines that I am in trespass?

    (a) BLM will notify you in writing of the trespass and explain your 
liability. Your liability includes:
    (1) Reimbursing the United States for all costs incurred in 
investigating and terminating the trespass;
    (2) Paying the rental for the lands, as provided for in subpart 2806 
of this part, for the current and past years of trespass, or, where 
applicable, the cumulative value of the current use fee, amortization 
fee, and maintenance fee

[[Page 289]]

for unauthorized use of any BLM-administered road; and
    (3) Rehabilitating and restoring any damaged lands or resources. If 
you do not rehabilitate and restore the lands and resources within the 
time set by BLM in the notice, you will be liable for the costs the 
United States incurs in rehabilitating and restoring the lands and 
resources.
    (b) In addition to amounts you owe under paragraph (a) of this 
section, BLM may assess penalties as follows:
    (1) For willful or repeated non-willful trespass, the penalty is two 
times the rent. For roads, the penalty is two times the charges for road 
use, amortization, and maintenance which have accrued since the trespass 
began.
    (2) For non-willful trespass not resolved within 30 calendar days 
after receiving the written notice under paragraph (a) of this section, 
the penalty is an amount equal to the rent. To resolve the trespass you 
must meet one of the conditions identified in 43 CFR 9239.7-1. For 
roads, the penalty is an amount equal to the charges for road use, 
amortization, and maintenance which have accrued since the trespass 
began.
    (c) The penalty will not be less than the fee for a Processing 
Category 2 application (see Sec. 2804.14 of this part) for non-willful 
trespass or less than three times this amount for willful or repeated 
non-willful trespass. You must pay whichever is the higher of:
    (1) The amount computed in paragraph (b) of this section; or
    (2) The minimum penalty amount in paragraph (c) of this section.
    (d) In addition to civil penalties under paragraph (b) of this 
section, you may be tried before a United States magistrate judge and 
fined no more than $1,000 or imprisoned for no more than 12 months, or 
both, for a knowing and willful trespass, as provided at 43 CFR 9262.1 
and 43 U.S.C. 1733(a).
    (e) Until you comply with the requirements of 43 CFR 9239.7-1, BLM 
will not process any of your applications for any activities on BLM 
lands.
    (f) You may appeal a trespass decision under Sec. 2801.10 of this 
part.
    (g) Nothing in this section limits your liability under any other 
Federal or state law.



Sec. 2808.12  May I receive a grant if I am or have been in trespass?

    Until you satisfy your liability for a trespass, BLM will not 
process any applications you have pending for any activity on BLM-
administered lands. A history of trespass will not necessarily 
disqualify you from receiving a grant. In order to correct a trespass, 
you must apply under the procedures described at subpart 2804 of this 
part. BLM will process your application as if it were a new use. Prior 
unauthorized use does not create a preference for receiving a grant.



Subpart 2809_Competitive Process for Leasing Public Lands for Solar and 
         Wind Energy Development Inside Designated Leasing Areas

    Source: 81 FR 92224, Dec. 19, 2016, unless otherwise noted.



Sec. 2809.10  General.

    (a) Lands inside designated leasing areas may be made available for 
solar and wind energy development through a competitive leasing offer 
process established by the BLM under this subpart.
    (b) The BLM may include lands in a competitive offer on its own 
initiative.
    (c) The BLM may solicit nominations by publishing a call for 
nominations under Sec. 2809.11(a).
    (d) The BLM will generally prioritize the processing of ``leases'' 
awarded under this subpart over the processing of non-competitive 
``grant'' applications under subpart 2804, including those that are 
``high priority'' under Sec. 2804.35.



Sec. 2809.11  How will the BLM solicit nominations?

    (a) Call for nominations. The BLM will publish a notice in the 
Federal Register and may use other notification methods, such as a 
newspaper of general circulation in the area affected by the potential 
offer of public land for solar and wind energy development or the 
Internet; to solicit nominations and expressions of interest for parcels 
of land inside designated leasing areas for solar or wind energy 
development.

[[Page 290]]

    (b) Nomination submission. A nomination must be in writing and must 
include the following:
    (1) Nomination fee. If you nominate a specific parcel of land under 
paragraph (a) of this section, you must also include a non-refundable 
nomination fee of $5 per acre. We will adjust the nomination fee once 
every 10 years using the change in the IPD-GDP for the preceding 10-year 
period and round it to the nearest half dollar. This 10 year average 
will be adjusted at the same time as the per acre rent schedule for 
linear rights-of-way under Sec. 2806.22;
    (2) Nominator's name and personal or business address. The name of 
only one citizen, association, partnership, corporation, or municipality 
may appear as the nominator. All communications relating to leasing will 
be sent to that name and address, which constitutes the nominator's name 
and address of record; and
    (3) The legal land description and a map of the nominated lands.
    (c) We may consider informal expressions of interest suggesting 
lands to be included in a competitive offer. If you submit a written 
expression of interest, you must provide a description of the suggested 
lands and rationale for their inclusion in a competitive offer.
    (d) In order to submit a nomination, you must be qualified to hold a 
grant or lease under Sec. 2804.35.
    (e) Nomination withdrawals. A nomination cannot be withdrawn, except 
by the BLM for cause, in which case all nomination monies will be 
refunded to the nominator.



Sec. 2809.12  How will the BLM select and prepare parcels?

    (a) The BLM will identify parcels for competitive offer based on 
nominations and expressions of interest or on its own initiative.
    (b) The BLM and other Federal agencies, as applicable, will conduct 
necessary studies and site evaluation work, including applicable 
environmental reviews and public meetings, before offering lands 
competitively.



Sec. 2809.13  How will the BLM conduct competitive offers?

    (a) Variety of competitive procedures available. The BLM may use any 
type of competitive process or procedure to conduct its competitive 
offer, and any method, including the use of the Internet, to conduct the 
actual auction or competitive bid procedure. Possible bid procedures 
could include, but are not limited to: Sealed bidding, oral auctions, 
modified competitive bidding, electronic bidding, and any combination 
thereof.
    (b) Notice of competitive offer. We will publish a notice in the 
Federal Register at least 30 days prior to the competitive offer and may 
use other notification methods, such as a newspaper of general 
circulation in the area affected by the potential right-of-way or the 
Internet. The Federal Register and other notices will include:
    (1) The date, time, and location, if any, of the competitive offer;
    (2) The legal land description of the parcel to be offered;
    (3) The bidding methodology and procedures to be used in conducting 
the competitive offer, which may include any of the competitive 
procedures identified in paragraph (a) of this section;
    (4) The minimum bid required (see Sec. 2809.14(a)), including an 
explanation of how we determined this amount;
    (5) The qualification requirements for potential bidders (see 
Sec. 2803.10);
    (6) If a variable offset (see Sec. 2809.16) is offered:
    (i) The percent of each offset factor;
    (ii) How bidders may pre-qualify for each offset factor; and
    (iii) The documentation required to pre-qualify for each offset 
factor; and
    (7) The terms and conditions of the lease, including the 
requirements for the successful bidder to submit a POD for the lands 
involved in the competitive offer (see Sec. 2809.18) and any lease 
mitigation requirements, including compensatory mitigation for residual 
impacts associated with the right-of-way.
    (c) We will notify you in writing of our decision to conduct a 
competitive offer at least 30 days prior to the competitive offer if you 
nominated lands and paid the nomination fees required by 
Sec. 2809.11(b)(1).

[[Page 291]]



Sec. 2809.14  What types of bids are acceptable?

    (a) Bid submissions. The BLM will accept your bid only if:
    (1) It includes the minimum bid and at least 20 percent of the bonus 
bid; and
    (2) The BLM determines that you are qualified to hold a grant or 
lease under Sec. 2803.10. You must include documentation of your 
qualifications with your bid, unless we have previously approved your 
qualifications under Sec. 2809.10(d) or Sec. 2809.11(d).
    (b) Minimum bid. The minimum bid is not prorated among all bidders, 
but must be paid entirely by the successful bidder. The minimum bid 
consists of:
    (1) The administrative costs incurred by the BLM and other Federal 
agencies in preparing for and conducting the competitive offer, 
including required environmental reviews; and
    (2) An amount determined by the authorized officer and disclosed in 
the notice of competitive offer. This amount will be based on known or 
potential values of the parcel. In setting this amount, the BLM will 
consider factors that include, but are not limited to, the acreage rent 
and megawatt capacity fee.
    (c) Bonus bid. The bonus bid consists of any dollar amount that a 
bidder wishes to bid in addition to the minimum bid.
    (d) If you are not the successful bidder, as defined in 
Sec. 2809.15(a), the BLM will refund your bid.



Sec. 2809.15  How will the BLM select the successful bidder?

    (a) The bidder with the highest total bid, prior to any variable 
offset, is the successful bidder and may be offered a lease in 
accordance with Sec. 2805.10.
    (b) The BLM will determine the variable offsets for the successful 
bidder in accordance with Sec. 2809.16 before issuing final payment 
terms.
    (c) Payment terms. If you are the successful bidder, you must:
    (1) Make payments by personal check, cashier's check, certified 
check, bank draft, or money order, or by other means deemed acceptable 
by the BLM, payable to the Department of the Interior--Bureau of Land 
Management;
    (2) By the close of official business hours on the day of the offer 
or such other time as the BLM may have specified in the offer notices, 
submit for each parcel:
    (i) Twenty percent of the bonus bid (before the offsets are applied 
under paragraph (b) of this section); and
    (ii) The total amount of the minimum bid specified in 
Sec. 2809.14(b);
    (3) Within 15 calendar days after the day of the offer, submit the 
balance of the bonus bid (after the variable offsets are applied under 
paragraph (b) of this section) to the BLM office conducting the offer; 
and
    (4) Within 15 calendar days after the day of the offer, submit the 
acreage rent for the first full year of the solar or wind energy 
development lease as provided in Sec. 2806.54(a) or Sec. 2806.64(a), 
respectively. This amount will be applied toward the first 12 months 
acreage rent, if the successful bidder becomes the lessee.
    (d) The BLM will offer you a right-of-way lease if you are the 
successful bidder and:
    (1) Satisfy the qualifications in Sec. 2803.10;
    (2) Make the payments required under paragraph (c) of this section; 
and
    (3) Do not have any trespass action pending against you for any 
activity on BLM-administered lands (see Sec. 2808.12) or have any unpaid 
debts owed to the Federal Government.
    (e) The BLM will not offer a lease to the successful bidder and will 
keep all money that has been submitted, if the successful bidder does 
not satisfy the requirements of paragraph (d) of this section. In this 
case, the BLM may offer the lease to the next highest bidder under 
Sec. 2809.17(b) or re-offer the lands under Sec. 2809.17(d).



Sec. 2809.16  When do variable offsets apply?

    (a) The successful bidder may be eligible for an offset of up to 20 
percent of the bonus bid based on the factors identified in the notice 
of competitive offer.
    (b) The BLM may apply a variable offset to the bonus bid of the 
successful bidder. The notice of competitive offer will identify each 
factor of the variable offset, the specific percentage for each factor 
that would be applied to the

[[Page 292]]

bonus bid, and the documentation required to be provided to the BLM 
prior to the day of the offer to qualify for the offset. The total 
variable offset cannot be greater than 20 percent of the bonus bid.
    (c) The variable offset may be based on any of the following 
factors:
    (1) Power purchase agreement;
    (2) Large generator interconnect agreement;
    (3) Preferred solar or wind energy technologies;
    (4) Prior site testing and monitoring inside the designated leasing 
area;
    (5) Pending applications inside the designated leasing area;
    (6) Submission of nomination fees;
    (7) Submission of biological opinions, strategies, or plans;
    (8) Environmental benefits;
    (9) Holding a solar or wind energy grant or lease on adjacent or 
mixed land ownership;
    (10) Public benefits; and
    (11) Other similar factors.
    (d) The BLM will determine your variable offset prior to the 
competitive offer.



Sec. 2809.17  Will the BLM ever reject bids or re-conduct 
a competitive offer?

    (a) The BLM may reject bids regardless of the amount offered. If the 
BLM rejects your bid under this provision, you will be notified in 
writing and such notice will include the reason(s) for the rejection and 
what refunds to which you are entitled. If the BLM rejects a bid, the 
bidder may appeal that decision under Sec. 2801.10.
    (b) We may offer the lease to the next highest qualified bidder if 
the successful bidder does not execute the lease or is for any reason 
disqualified from holding the lease.
    (c) If we are unable to determine the successful bidder, such as in 
the case of a tie, we may re-offer the lands competitively (under 
Sec. 2809.13) to the tied bidders or to all prospective bidders.
    (d) If lands offered under Sec. 2809.13 receive no bids, we may:
    (1) Re-offer the lands through the competitive process under 
Sec. 2809.13; or
    (2) Make the lands available through the non-competitive application 
process found in subparts 2803, 2804, and 2805 of this part, if we 
determine that doing so is in the public interest.



Sec. 2809.18  What terms and conditions apply to leases?

    The lease will be issued subject to the following terms and 
conditions:
    (a) Lease term. The term of your lease includes the initial partial 
year in which it is issued, plus 30 additional full years. The lease 
will terminate on December 31 of the final year of the lease term. You 
may submit an application for renewal under Sec. 2805.14(g).
    (b) Rent. You must pay rent as specified in:
    (1) Section 2806.54, if your lease is for solar energy development; 
or
    (2) Section 2806.64, if your lease is for wind energy development.
    (c) POD. You must submit, within 2 years of the lease issuance date, 
a POD that:
    (1) Is consistent with the development schedule and other 
requirements in the POD template posted at http://www.blm.gov; and
    (2) Addresses all pre-development and development activities.
    (d) Cost recovery. You must pay the reasonable costs for the BLM or 
other Federal agencies to review and approve your POD and to monitor 
your lease. To expedite review of your POD and monitoring of your lease, 
you may notify BLM in writing that you are waiving paying reasonable 
costs and are electing to pay the full actual costs incurred by the BLM.
    (e) Performance and reclamation bond. (1) For Solar Energy 
Development, you must provide a bond in the amount of $10,000 per acre 
prior to written approval to proceed with ground disturbing activities.
    (2) For Wind Energy Development, you must provide a bond in the 
amount of $10,000 per authorized turbine less than 1 MW in nameplate 
capacity or $20,000 per authorized turbine equal or greater than 1 MW in 
nameplate capacity prior to written approval to proceed with ground 
disturbing activities.
    (3) For testing and monitoring sites authorized under a development 
lease, you must provide a bond in the amount of $2,000 per site prior to 
receiving written approval to proceed with ground disturbing activities.

[[Page 293]]

    (4) The BLM will adjust the solar and wind energy development bond 
amounts every 10 years using the change in the IPD-GDP for the preceding 
10-year period rounded to the nearest $100. This 10-year average will be 
adjusted at the same time as the Per Acre Rent Schedule for linear 
rights-of-way under Sec. 2806.22.
    (f) Assignments. You may assign your lease under Sec. 2807.21, and 
if an assignment is approved, the BLM will not make any changes to the 
lease terms or conditions, as provided for by Sec. 2807.21(e) except for 
modifications required under Sec. 2805.15(e).
    (g) Due diligence of operations. You must start construction within 
5 years and begin generation of electricity no later than 7 years from 
the date of lease issuance, as specified in your approved POD. A request 
for an extension may be granted for up to 3 years with a show of good 
cause and approval by the BLM.



Sec. 2809.19  Applications in designated leasing areas or on lands
that later become designated leasing areas.

    (a) Applications for solar or wind energy development filed on lands 
outside of designated leasing areas, which subsequently become 
designated leasing areas will:
    (1) Continue to be processed by the BLM and are not subject to the 
competitive leasing offer process of this subpart, if such applications 
are filed prior to the publication of the notice of intent or other 
public announcement from the BLM of the proposed land use plan amendment 
to designate the solar or wind leasing area; or
    (2) Remain in pending status unless withdrawn by the applicant, 
denied, or issued a grant by the BLM, or the subject lands become 
available for application or leasing under this part, if such 
applications are filed on or after the date of publication of the notice 
of intent or other public announcement from the BLM of the proposed land 
use plan amendment to designate the solar or wind leasing area.
    (3) Resume being processed by the BLM if your application is pending 
under paragraph (a)(2) of this section and the lands become available 
for application under Sec. 2809.17(d)(2).
    (b) An applicant that submits a bid on a parcel of land for which an 
application is pending under paragraph (a)(2) of this section may:
    (1) Qualify for a variable offset under Sec. 2809.16; and
    (2) Receive a refund for any unused application fees or processing 
costs if the lands identified in the application are subsequently leased 
to another entity under Sec. 2809.13.
    (c) After the effective date of this regulation, the BLM will not 
accept a new application for solar or wind energy development inside 
designated leasing areas (see Secs. 2804.12(b)(1) and 2804.23(e)), 
except as provided by Sec. 2809.17(d)(2).
    (d) You may file a new application under part 2804 for testing and 
monitoring purposes inside designated leasing areas. If the BLM approves 
your application, you will receive a short term grant in accordance with 
Sec. 2805.11(b)(2)(i) or (ii), which may qualify you for an offset under 
Sec. 2809.16.



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.
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.

[[Page 294]]

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  Bonds 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. 1181e, 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 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.

[[Page 295]]

    (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 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;

[[Page 296]]

    (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 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

[[Page 297]]

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 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

[[Page 298]]

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 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.

[[Page 299]]



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. 2808.10 of this chapter. 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 in 
subpart 2808 of this chapter.

[70 FR 21078, Apr. 22, 2005]



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 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

[[Page 300]]

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 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

[[Page 301]]

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.



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

[[Page 302]]

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 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

[[Page 303]]

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 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

[[Page 304]]

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 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

[[Page 305]]

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 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

[[Page 306]]

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.
    (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

[[Page 307]]

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 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

[[Page 308]]

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 2881_General Information

Sec.
2881.2  What is the objective of BLM's right-of-way program?
2881.5  What acronyms and terms are used in the regulations in this 
          part?
2881.7  Scope.
2881.9  Severability.
2881.10  How do I appeal a BLM decision issued under the regulations in 
          this part?
2881.11  When do I need a grant from BLM for an oil and gas pipeline?
2881.12  When do I need a TUP for an oil and gas pipeline?

          Subpart 2882_Lands Available for MLA Grants and TUPs

2882.10  What lands are available for grants or TUPs?

       Subpart 2883_Qualifications for Holding MLA Grants and TUPs

2883.10  Who may hold a grant or TUP?
2883.11  Who may not hold a grant or TUP?
2883.12  How do I prove I am qualified to hold a grant or TUP?
2883.13  What happens if BLM issues me a grant or TUP and later 
          determines that I am not qualified to hold it?
2883.14  What happens to my application, grant, or TUP if I die?

              Subpart 2884_Applying For MLA Grants or TUPs

2884.10  What should I do before I file my application?
2884.11  What information must I submit in my application?
2884.12  What is the processing fee for a grant or TUP application?

[[Page 309]]

2884.13  Who is exempt from paying processing and monitoring fees?
2884.14  When does BLM reevaluate the processing and monitoring fees?
2884.15  What is a Master Agreement (Processing Category 5) and what 
          information must I provide to BLM when I request one?
2884.16  What provisions do Master Agreements contain and what are their 
          limitations?
2884.17  How will BLM process my Processing Category 6 application?
2884.18  What if there are two or more competing applications for the 
          same pipeline?
2884.19  Where do I file my application for a grant or TUP?
2884.20  What are the public notification requirements for my 
          application?
2884.21  How will BLM process my application?
2884.22  Can BLM ask me for additional information?
2884.23  Under what circumstances may BLM deny my application?
2884.24  What fees do I owe if BLM denies my application or if I 
          withdraw my application?
2884.25  What activities may I conduct on BLM lands covered by my 
          application for a grant or TUP while BLM is processing my 
          application?
2884.26  When will BLM issue the grant or TUP when the lands are managed 
          by two or more Federal agencies?
2884.27  What additional requirement is necessary for grants or TUPs for 
          pipelines 24 or more inches in diameter?
2884.30  Showing of good cause.

        Subpart 2885_Terms and Conditions of MLA Grants and TUPs

2885.10  When is a grant or TUP effective?
2885.11  What terms and conditions must I comply with?
2885.12  What rights does a grant or TUP convey?
2885.13  What rights does the United States retain?
2885.14  What happens if I need a right-of-way wider than 50 feet plus 
          the ground occupied by the pipeline and related facilities?
2885.15  How will BLM charge me rent?
2885.16  When do I pay rent?
2885.17  What happens if I do not pay rents and fees or if I pay the 
          rents or fees late?
2885.18  When must I make estimated rent payments to BLM?
2885.19  What is the rent for a linear right-of-way grant?
2885.20  How will the BLM calculate my rent for linear rights-of-way the 
          Per Acre Rent Schedule covers?
2885.21  How must I make rental payments for a linear grant or TUP?
2885.22  How may I make rental payments when land encumbered by my term 
          or perpetual linear grant is being transferred out of Federal 
          ownership?
2885.23  How will BLM calculate rent for communication uses ancillary to 
          a linear grant, TUP, or other use authorization?
2885.24  If I hold a grant or TUP, what monitoring fees must I pay?
2885.25  When do I pay monitoring fees?

             Subpart 2886_Operations on MLA Grants and TUPs

2886.10  When can I start activities under my grant or TUP?
2886.11  Who regulates activities within my right-of-way or TUP area?
2886.12  When must I contact BLM during operations?
2886.13  If I hold a grant or TUP, for what am I liable?
2886.14  As grant or TUP holders, what liabilities do state, tribal, and 
          local governments have?
2886.15  How is grant or TUP administration affected if the BLM land my 
          grant or TUP encumbers is transferred to another Federal 
          agency or out of Federal ownership?
2886.16  Under what conditions may BLM order an immediate temporary 
          suspension of my activities?
2886.17  Under what conditions may BLM suspend or terminate my grant or 
          TUP?
2886.18  How will I know that BLM intends to suspend or terminate my 
          grant or TUP?
2886.19  When my grant or TUP terminates, what happens to any facilities 
          on it?

    Subpart 2887_Amending, Assigning, or Renewing MLA Grants and TUPs

2887.10  When must I amend my application, seek an amendment of my grant 
          or TUP, or obtain a new grant or TUP?
2887.11  May I assign or make other changes to my grant or TUP?
2887.12  How do I renew my grant?

                          Subpart 2888_Trespass

2888.10  What is trespass?
2888.11  May I receive a grant if I am or have been in trespass?

    Authority: 30 U.S.C. 185 and 189, and 43 U.S.C. 1732(b), 1733, and 
1740.

    Source: 70 FR 21078, Apr. 22, 2005, unless otherwise noted.

[[Page 310]]



                    Subpart 2881_General Information



Sec. 2881.2  What is the objective of BLM's right-of-way program?

    It is BLM's objective to grant rights-of-way under the regulations 
in this part to any qualified individual, business, or government entity 
and to direct and control the use of rights-of-way on public lands in a 
manner that:
    (a) Protects the natural resources associated with Federal lands and 
adjacent lands, whether private or administered by a government entity;
    (b) Prevents unnecessary or undue degradation to public lands;
    (c) Promotes the use of rights-of-way in common considering 
engineering and technological compatibility, national security, and land 
use plans; and
    (d) Coordinates, to the fullest extent possible, all BLM actions 
under the regulations in this part with state and local governments, 
interested individuals, and appropriate quasi-public entities.



Sec. 2881.5  What acronyms and terms are used in the regulations
in this part?

    (a) Acronyms. Unless an acronym is listed in this section, the 
acronyms listed in part 2800 of this chapter apply to this part. As used 
in this part:
    MLA means the Mineral Leasing Act of 1920, as amended (30 U.S.C. 
185).
    TAPS means the Trans-Alaska Oil Pipeline System.
    TUP means a temporary use permit.
    (b) Terms. Unless a term is defined in this part, the defined terms 
in part 2800 of this chapter apply to this part. As used in this part, 
the term:
    Act means section 28 of the Mineral Leasing Act of 1920, as amended 
(30 U.S.C. 185).
    Actual costs means the financial measure of resources the Federal 
government expends or uses in processing a right-of-way application or 
in monitoring the construction, operation, and termination of a facility 
authorized by a grant or permit. Actual costs include both direct and 
indirect costs, exclusive of management overhead costs.
    Casual use means activities ordinarily resulting in no or negligible 
disturbance of the public lands, resources, or improvements. Examples of 
casual use include: Surveying, marking routes, and collecting data to 
prepare applications for grants or TUPs.
    Facility means an improvement or structure, whether existing or 
planned, that is, or would be, owned and controlled by the grant or TUP 
holder within the right-of-way or TUP area.
    Federal lands means all lands owned by the United States, except 
lands:
    (1) In the National Park System;
    (2) Held in trust for an Indian or Indian tribe; or
    (3) On the Outer Continental Shelf.
    Grant means any authorization or instrument BLM issues under section 
28 of the Mineral Leasing Act, 30 U.S.C. 185, authorizing a 
nonpossessory, nonexclusive right to use Federal lands to construct, 
operate, maintain, or terminate a pipeline. The term includes those 
authorizations and instruments BLM and its predecessors issued for like 
purposes before November 16, 1973, under then existing statutory 
authority. It does not include authorizations issued under FLPMA (43 
U.S.C. 1761 et seq.).
    Monitoring means those actions, subject to Sec. 2886.11 of this 
part, that the Federal government performs to ensure compliance with the 
terms, conditions, and stipulations of a grant or TUP.
    (1) For Monitoring Categories 1 through 4, the actions include 
inspecting construction, operation, maintenance, and termination of 
permanent or temporary facilities and protection and rehabilitation 
activities until the holder completes rehabilitation of the right-of-way 
or TUP area and BLM approves it;
    (2) For Monitoring Category 5 (Master Agreements), those actions 
agreed to in the Master Agreement; and
    (3) For Monitoring Category 6, those actions agreed to between BLM 
and the applicant before BLM issues the grant or TUP.
    Oil or gas means oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced from them.
    Pipeline means a line crossing 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 its oil and gas lease.

[[Page 311]]

    Pipeline system means all facilities, whether or not located on 
Federal lands, used by a grant holder in connection with the 
construction, operation, maintenance, or termination of a pipeline.
    Production facilities means a lessee's or lease operator's pipes and 
equipment used on its oil and gas lease to aid in extracting, 
processing, and storing oil or gas. The term includes:
    (1) Storage tanks and processing equipment;
    (2) Gathering lines upstream from such tanks and equipment, or in 
the case of gas, upstream from the point of delivery; and
    (3) 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.
    Related facilities means those structures, devices, improvements, 
and sites, located on Federal lands, which may or may not be connected 
or contiguous to the pipeline, the substantially continuous use of which 
is necessary for the operation or maintenance of a pipeline, such as:
    (1) Supporting structures;
    (2) Airstrips;
    (3) Roads;
    (4) Campsites;
    (5) Pump stations, including associated heliports, structures, 
yards, and fences;
    (6) Valves and other control devices;
    (7) Surge and storage tanks;
    (8) Bridges;
    (9) Monitoring and communication devices and structures housing 
them;
    (10) Terminals, including structures, yards, docks, fences, and 
storage tank facilities;
    (11) Retaining walls, berms, dikes, ditches, cuts and fills; and
    (12) Structures and areas for storing supplies and equipment.
    Right-of-way means the Federal lands BLM authorizes a holder to use 
or occupy under a grant.
    Substantial deviation means a change in the authorized location or 
use which requires:
    (1) Construction or use outside the boundaries of the right-of-way 
or TUP area; or
    (2) Any change from, or modification of, the authorized use. 
Examples of substantial deviation include: Adding equipment, overhead or 
underground lines, pipelines, structures, or other facilities not 
included in the original grant or TUP.
    Temporary use permit or TUP means a document BLM issues under 30 
U.S.C. 185 that is a revocable, nonpossessory privilege to use specified 
Federal lands in the vicinity of and in connection with a right-of-way, 
to construct, operate, maintain, or terminate a pipeline or to protect 
the environment or public safety. A TUP does not convey any interest in 
land.
    Third party means any person or entity other than BLM, the 
applicant, or the holder of a right-of-way authorization.



Sec. 2881.7  Scope.

    (a) What do these regulations apply to? The regulations in this part 
apply to:
    (1) Issuing grants and TUPs for pipelines to transport oil or gas, 
and administering, amending, assigning, renewing, and terminating them;
    (2) All grants and permits BLM and its predecessors previously 
issued under section 28 of the Act; and
    (3) Pipeline systems, or parts thereof, within a Federal oil and gas 
lease owned by:
    (i) A party who is not the lessee or lease operator; or
    (ii) The lessee or lease operator which are downstream from a 
custody transfer metering device.
    (b) What don't these regulations apply to? The regulations in this 
part do not apply to:
    (1) Production facilities on an oil and gas lease which operate for 
the benefit of the lease. The lease authorizes these production 
facilities;
    (2) Pipelines crossing Federal lands under the jurisdiction of a 
single Federal department or agency other than BLM, including bureaus 
and agencies within the Department of the Interior;
    (3) Authorizations BLM issues to Federal agencies for oil or gas 
transportation under Sec. 2801.6 of this chapter; or
    (4) Authorizations BLM issues under Title V of the Federal Land 
Policy and

[[Page 312]]

Management Act of 1976 (see part 2800 of this chapter).
    (c) Notwithstanding the definition of ``grant'' in section 2881.5 of 
this subpart, the regulations in this part apply, consistent with 43 
U.S.C. 1652(c), to any authorization issued by the Secretary of the 
Interior or his or her delegate under 43 U.S.C. 1652(b) for the Trans-
Alaska Oil Pipeline System.



Sec. 2881.9  Severability.

    If a court holds any provisions of the regulations in this part or 
their applicability to any person or circumstances invalid, the 
remainder of these rules and their applicability to other people or 
circumstances will not be affected.



Sec. 2881.10  How do I appeal a BLM decision issued under the
regulations in this part?

    (a) You may appeal a BLM decision issued under the regulations in 
this part in accordance with part 4 of this title.
    (b) All BLM decisions under this part remain in effect pending 
appeal unless the Secretary of the Interior rules otherwise, or as noted 
in this part. You may petition for a stay of a BLM decision under this 
part with the Office of Hearings and Appeals, Department of the 
Interior. Unless otherwise noted in this part, BLM will take no action 
on your application while your appeal is pending.



Sec. 2881.11  When do I need a grant from BLM for an oil and gas
pipeline?

    You must have a BLM grant under 30 U.S.C. 185 for an oil or gas 
pipeline or related facility to cross Federal lands under:
    (a) BLM's jurisdiction; or
    (b) The jurisdiction of two or more Federal agencies.



Sec. 2881.12  When do I need a TUP for an oil and gas pipeline?

    You must obtain a TUP from BLM when you require temporary use of 
more land than your grant authorizes in order to construct, operate, 
maintain, or terminate your pipeline, or to protect the environment or 
public safety.



          Subpart 2882_Lands Available for MLA Grants and TUPs



Sec. 2882.10  What lands are available for grants or TUPs?

    (a) For lands BLM exclusively manages, we use the same criteria to 
determine whether lands are available for grants or TUPs as we do to 
determine whether lands are available for FLPMA grants (see subpart 2802 
of this chapter).
    (b) BLM may require common use of a right-of-way and may restrict 
new grants to existing right-of-way corridors where safety and other 
considerations allow. Generally, BLM land use plans designate right-of-
way corridors.
    (c) Where a proposed oil or gas right-of-way involves lands managed 
by two or more Federal agencies, see Sec. 2884.26 of this part.



       Subpart 2883_Qualifications for Holding MLA Grants and TUPs



Sec. 2883.10  Who may hold a grant or TUP?

    To hold a grant or TUP under these regulations, you must be:
    (a)(1) A United States citizen, an association of such citizens, or 
a corporation, partnership, association, or similar business entity 
organized under the laws of the United States, or of any state therein; 
or
    (2) A state or local government; and
    (b) Financially and technically able to construct, operate, 
maintain, and terminate the proposed facilities.



Sec. 2883.11  Who may not hold a grant or TUP?

    Aliens may not acquire or hold any direct or indirect interest in 
grants or TUPs, except that they may own or control stock in 
corporations holding grants or TUPs if the laws of their country do not 
deny similar or like privileges to citizens of the United States.



Sec. 2883.12  How do I prove I am qualified to hold a grant or TUP?

    (a) If you are a private individual, BLM requires no proof of 
citizenship with your application;

[[Page 313]]

    (b) If you are a partnership, corporation, association, or other 
business entity, submit the following information, as applicable, in 
your application:
    (1) Copies of the formal documents creating the business entity, 
such as articles of incorporation, and including the corporate bylaws;
    (2) Evidence that the party signing the application has the 
authority to bind the applicant;
    (3) The name, address, and citizenship of each participant (e.g., 
partner, associate, or other) in the business entity;
    (4) The name, address, and citizenship of each shareholder owning 3 
percent or more of each class of shares, and the number and percentage 
of any class of voting shares of the business entity which such 
shareholder is authorized to vote;
    (5) The name and address of each affiliate of the business entity;
    (6) The number of shares and the percentage of any class of voting 
stock owned by the business entity, directly or indirectly, in any 
affiliate controlled by the business entity; and
    (7) The number of shares and the percentage of any class of voting 
stock owned by an affiliate, directly or indirectly, in the business 
entity controlled by the affiliate.
    (c) If you have already supplied this information to BLM and the 
information remains accurate, you only need to reference the existing or 
previous BLM serial number under which it is filed.



Sec. 2883.13  What happens if BLM issues me a grant or TUP and later
determines that I am not qualified to hold it?

    If BLM issues you a grant or TUP, and later determines that you are 
not qualified to hold it, BLM will terminate your grant or TUP under 30 
U.S.C. 185(o). You may appeal this decision under Sec. 2881.10 of this 
part.



Sec. 2883.14  What happens to my application, grant, or TUP if I die?

    (a) If an applicant or grant or TUP holder dies, any inheritable 
interest in the application, grant, or TUP will be distributed under 
state law.
    (b) If the distributee of a grant or TUP is not qualified to hold a 
grant or TUP under Sec. 2883.10 of this subpart, BLM will recognize the 
distributee as grant or TUP holder and allow the distributee to hold its 
interest in the grant or TUP for up to two years. During that period, 
the distributee must either become qualified or divest itself of the 
interest.



              Subpart 2884_Applying for MLA Grants or TUPs



Sec. 2884.10  What should I do before I file my application?

    (a) When you determine that a proposed oil and gas pipeline system 
would cross Federal lands under BLM jurisdiction, or under the 
jurisdiction of two or more Federal agencies, you should notify BLM.
    (b) Before filing an application with BLM, we encourage you to make 
an appointment for a preapplication meeting with the appropriate 
personnel in the BLM field office nearest the lands you seek to use. 
During the preapplication meeting BLM can:
    (1) Identify potential routing and other constraints;
    (2) Determine whether or not the lands are located within a 
designated or existing right-of-way corridor;
    (3) Tentatively schedule the processing of your proposed 
application;
    (4) Provide you information about qualifications for holding grants 
and TUPs, and inform you of your financial obligations, such as 
processing and monitoring costs and rents; and
    (5) Identify any work which will require obtaining one or more TUPs.
    (c) BLM may share this information with Federal, state, tribal, and 
local government agencies to ensure that these agencies are aware of any 
authorizations you may need from them.
    (d) BLM will keep confidential any information in your application 
that you mark as ``confidential'' or ``proprietary'' to the extent 
allowed by law.



Sec. 2884.11  What information must I submit in my application?

    (a) File your application on Form SF-299 or as part of an 
Application for Permit to Drill or Reenter (BLM Form 3160-3) or Sundry 
Notice and Report on Wells (BLM Form 3160-5), available

[[Page 314]]

from any BLM office. Provide a complete description of the project, 
including:
    (1) The exact diameters of the pipes and locations of the pipelines;
    (2) Proposed construction and reclamation techniques; and
    (3) The estimated life of the facility.
    (b) File with BLM copies of any applications you file with other 
Federal agencies, such as the Federal Energy Regulatory Commission (see 
18 CFR chapter I), for licenses, certificates, or other authorities 
involving the right-of-way.
    (c) BLM may ask you to submit additional information beyond that 
required in the form to assist us in processing your application. This 
information may include:
    (1) A list of any Federal and state approvals required for the 
proposal;
    (2) A description of alternative route(s) and mode(s) you considered 
when developing the proposal;
    (3) Copies of, or reference to, all similar applications or grants 
you have submitted, currently hold, or have held in the past;
    (4) A statement of the need and economic feasibility of the proposed 
project;
    (5) The estimated schedule for constructing, operating, maintaining, 
and terminating the project (a POD). Your POD must be consistent with 
the development schedule and other requirements as noted on the POD 
template for oil and gas pipelines at http://www.blm.gov;
    (6) A map of the project, showing its proposed location and showing 
existing facilities adjacent to the proposal;
    (7) A statement certifying that you are of legal age and authorized 
to do business in the state(s) where the right-of-way would be located, 
and that you have submitted correct information to the best of your 
knowledge;
    (8) A statement of the environmental, social, and economic effects 
of the proposal;
    (9) A statement of your financial and technical capability to 
construct, operate, maintain, and terminate the project;
    (10) Proof that you are a United States citizen; and
    (11) Any other information BLM considers necessary to process your 
application.
    (d) Before BLM reviews your application for a grant, grant 
amendment, or grant renewal, you must submit the following information 
and material to ensure that the facilities will be constructed, 
operated, and maintained as common carriers under 30 U.S.C. 185(r):
    (1) Conditions for, and agreements among, owners or operators to add 
pumping facilities and looping, or otherwise to increase 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.
    (e) If conditions or information affecting your application change, 
promptly notify BLM and submit to BLM in writing the necessary changes 
to your application. BLM may deny your application if you fail to do so.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92226, Dec. 19, 2016]



Sec. 2884.12  What is the processing fee for a grant or TUP
application?

    (a) You must pay a processing fee with the application to cover the 
costs to the Federal Government of processing your application before 
the Federal Government incurs them. Subject to applicable laws and 
regulations, if processing your application will involve Federal 
agencies other than the BLM, your fee may also include the reasonable 
costs estimated to be incurred by those Federal agencies. Instead of 
paying the BLM a fee for the estimated work of other Federal agencies in 
processing your application, you may pay other Federal agencies directly 
for the costs estimated to be incurred by them in processing your 
application. The fees for Processing Categories 1 through 4 are one-time 
fees and are not refundable. The fees are categorized based on an 
estimate of the amount of time that the Federal Government will expend 
to process your application and issue a decision granting or denying the 
application.

[[Page 315]]

    (b) There is no processing fee if work is estimated to take 1 hour 
or less. Processing fees are based on categories. We update the 
processing fees for Categories 1 through 4 in the schedule each calendar 
year, based on the previous year's change in the IPD-GDP, as measured 
second quarter to second quarter. We will round these changes to the 
nearest dollar. We will update Category 5 processing fees as specified 
in the Master Agreement. These processing categories and the estimated 
range of Federal work hours for each category are:

                          Processing Categories
------------------------------------------------------------------------
            Processing category              Federal work hours involved
------------------------------------------------------------------------
(1) Applications for new grants or TUPs,    Estimated Federal work hours
 assignments, renewals, and amendments to    are >1 8.
 existing grants or TUPs.
(2) Applications for new grants or TUPs,    Estimated Federal work hours
 assignments, renewals, and amendments to    are >8 24.
 existing grants or TUPs.
(3) Applications for new grants or TUPs,    Estimated Federal work hours
 assignments, renewals, and amendments to    are >24 36.
 existing grants or TUPs.
(4) Applications for new grants or TUPs,    Estimated Federal work hours
 assignments, renewals, and amendments to    are >36 50.
 existing grants or TUPs.
(5) Master Agreements.....................  Varies.
(6) Applications for new grants or TUPs,    Estimated Federal work hours
 assignments, renewals, and amendments to    are >50.
 existing grants or TUPs.
------------------------------------------------------------------------

    (c) You may obtain a copy of the current schedule from any BLM 
State, district, or field office or by writing: U.S. Department of the 
Interior, Bureau of Land Management, 20 M Street SE., Room 2134LM, 
Washington, DC 20003. The BLM also posts the current schedule at http://
www.blm.gov.
    (d) After an initial review of your application, BLM will notify you 
of the processing category into which your application fits. You must 
then submit the appropriate payment for that category before BLM begins 
processing your application. Your signature on a cost recovery Master 
Agreement constitutes your agreement with the processing category 
decision. If you disagree with the category that BLM has determined for 
your application, you may appeal the decision under Sec. 2881.10 of this 
part. If you paid the processing fee and you appeal a Processing 
Category 1 through 4 or a Processing Category 6 determination to IBLA, 
BLM will process your application while the appeal is pending. If IBLA 
finds in your favor, you will receive a refund or adjustment of your 
processing fee.
    (e) In processing your application, BLM may determine at any time 
that the application requires preparing an EIS. If this occurs, BLM will 
send you a decision changing your processing category to Processing 
Category 6. You may appeal the decision under Sec. 2881.10 of this part.
    (f) If you hold an authorization relating to TAPS, BLM will send you 
a written statement seeking reimbursement of actual costs within 60 
calendar days after the close of each quarter. Quarters end on the last 
day of March, June, September, and December. In processing applications 
and administering authorizations relating to TAPS, the Department of the 
Interior will avoid unnecessary employment of personnel and needless 
expenditure of funds.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92226, Dec. 19, 2016]



Sec. 2884.13  Who is exempt from paying processing and monitoring
fees?

    You are exempt from paying processing and monitoring fees if you are 
a state or local government or an agency of such a government and BLM 
issues the grant for governmental purposes benefitting the general 
public. If your principal source of revenue results from charges you 
levy on customers for services similar to those of a profit-making 
corporation or business, you are not exempt.



Sec. 2884.14  When does BLM reevaluate the processing and monitoring
fees?

    BLM reevaluates the processing and monitoring fees (see Sec. 2885.23 
of this part) for each category and the categories themselves within 5 
years after they go into effect and at 10-year intervals after that. 
When reevaluating processing and monitoring fees, BLM considers all 
factors that affect the fees, including, but not limited to, any changes 
in:
    (a) Technology;

[[Page 316]]

    (b) The procedures for processing applications and monitoring 
grants;
    (c) Statutes and regulations relating to the right-of-way program; 
or
    (d) The IPD-GDP.



Sec. 2884.15  What is a Master Agreement (Processing Category 5)
and what information must I provide to BLM when I request one?

    (a) A Master Agreement (Processing Category 5) is a written 
agreement covering processing and monitoring fees (see Sec. 2885.23 of 
this part) negotiated between BLM and you that involves multiple BLM 
grant or TUP approvals for projects within a defined geographic area.
    (b) Your request for a Master Agreement must:
    (1) Describe the geographic area covered by the Agreement and the 
scope of the activity you plan;
    (2) Include a preliminary work plan. This plan must state what work 
you must do and what work BLM must do to process your application. Both 
parties must periodically update the work plan, as specified in the 
Agreement, and mutually agree to the changes;
    (3) Contain a preliminary cost estimate and a timetable for 
processing the application and completing the project;
    (4) State whether you want the Agreement to apply to future 
applications in the same geographic area that are not part of the same 
project(s); and
    (5) Contain any other relevant information that BLM needs to process 
the application.



Sec. 2884.16  What provisions do Master Agreements contain and 
what are their limitations?

    (a) A Master Agreement:
    (1) Specifies that you must comply with all applicable laws and 
regulations;
    (2) Describes the work you will do and the work BLM will do to 
process the application;
    (3) Describes the method of periodic billing, payment, and auditing;
    (4) Describes the processes, studies, or evaluations you will pay 
for;
    (5) Explains how BLM will monitor the grant and how BLM will recover 
monitoring costs;
    (6) Describes existing agreements between the BLM and other Federal 
agencies for cost reimbursement;
    (7) Contains provisions allowing for periodic review and updating, 
if required;
    (8) Contains specific conditions for terminating the Agreement; and
    (9) Contains any other provisions BLM considers necessary.
    (b) BLM will not enter into any Agreement that is not in the public 
interest.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016]



Sec. 2884.17  How will BLM process my Processing Category 6
application?

    (a) For Processing Category 6 applications, you and the BLM must 
enter into a written agreement that describes how we will process your 
application. The final agreement consists of a work plan, a financial 
plan, and a description of any existing agreements you have with other 
Federal agencies for cost reimbursement associated with such 
application.
    (b) In processing your application, BLM will:
    (1) Determine the issues subject to analysis under NEPA;
    (2) Prepare a preliminary work plan;
    (3) Develop a preliminary financial plan, which estimates the actual 
costs of processing your application and monitoring your project;
    (4) Discuss with you:
    (i) The preliminary plans and data;
    (ii) The availability of funds and personnel;
    (iii) Your options for the timing of processing and monitoring fee 
payments; and
    (iv) Financial information you must submit; and
    (5) Complete final scoping and develop final work and financial 
plans which reflect any work you have agreed to do. BLM will also 
present you with the final estimate of the costs you must reimburse the 
United States, including the cost for monitoring the project.
    (c) BLM retains the option to prepare any environmental documents 
related to your application. If BLM allows you to prepare any 
environmental documents and conduct any studies that

[[Page 317]]

BLM needs to process your application, you must do the work following 
BLM standards. For this purpose, you and BLM may enter into a written 
agreement. BLM will make the final determinations and conclusions 
arising from such work.
    (d) BLM will periodically, as stated in the agreement, estimate 
processing costs for a specific work period and notify you of the amount 
due. You must pay the amount due before BLM will continue working on 
your application. If your payment exceeds the costs that the United 
States incurred for the work, BLM will either adjust the next billing to 
reflect the excess, or refund you the excess under 43 U.S.C. 1734. You 
may not deduct any amount from a payment without BLM's prior written 
approval.
    (e) We may collect funds to reimburse the Federal Government for 
reasonable costs for processing applications and other documents under 
this part relating to the Federal lands.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016]



Sec. 2884.18  What if there are two or more competing applications 
for the same pipeline?

    (a) If there are two or more competing applications for the same 
pipeline and your application is in:
    (1) Processing Categories 1 through 4. You must reimburse the 
Federal Government for processing costs as if the other application or 
applications had not been filed.
    (2) Processing Category 6. You are responsible for processing costs 
identified in your application. If BLM cannot readily separate costs, 
such as costs associated with preparing environmental analyses, you and 
any competing applicants must pay an equal share or a proportion agreed 
to in writing among all applicants and BLM. If you agree to share costs 
that are common to your application and that of a competing applicant, 
and the competitor does not pay the agreed upon amount, you are liable 
for the entire amount due. The applicants must pay the entire processing 
fee in advance. BLM will not process the application until we receive 
the advance payments.
    (b) Who determines whether competition exists? BLM determines 
whether the applications are compatible in a single right-of-way or are 
competing applications to build the same pipeline.
    (c) If we determine that competition exists, we will describe the 
procedures for a competitive bid through a bid announcement in the 
Federal Register and may use other notification methods, such as a 
newspaper of general circulation or the Internet. We may offer lands 
through a competitive process on our own initiative.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016]



Sec. 2884.19  Where do I file my application for a grant or TUP?

    (a) If BLM has exclusive jurisdiction over the lands involved, file 
your application with the BLM Field Office having jurisdiction over the 
lands described in the application.
    (b) If another Federal agency has exclusive jurisdiction over the 
land involved, file your application with that agency and refer to its 
regulations for its requirements.
    (c) If there are no BLM-administered lands involved, but the lands 
are under the jurisdiction of two or more Federal agencies, you may file 
your application at the BLM office in the vicinity of the pipeline. BLM 
will notify you where to direct future communications about the 
pipeline.
    (d) If two or more Federal agencies, including BLM, have 
jurisdiction over the lands in the application, file it at any BLM 
office having jurisdiction over a portion of the Federal lands. BLM will 
notify you where to direct future communications about the pipeline.



Sec. 2884.20  What are the public notification requirements for my 
application?

    (a) When the BLM receives your application, it will publish a notice 
in the Federal Register and may use other notification methods, such as 
a newspaper of general circulation in the vicinity of the lands involved 
or the Internet. If we determine the pipeline(s) will have only minor 
environmental impacts, we are not required to

[[Page 318]]

publish this notice. The notice will, at a minimum, contain:
    (1) A description of the pipeline system; and
    (2) A statement of where the application and related documents are 
available for review.
    (b) BLM will send copies of the published notice for review and 
comment to the:
    (1) Governor of each state within which the pipeline system would be 
located;
    (2) Head of each local or tribal government or jurisdiction within 
which the pipeline system would be located; and
    (3) Heads of other Federal agencies whose jurisdiction includes 
lands within which the pipeline system would be located.
    (c) If your application involves a pipeline that is 24 inches or 
more in diameter, BLM will also send notice of the application to the 
appropriate committees of Congress in accordance with 30 U.S.C. 185(w).
    (d) We may hold public hearings or meetings on your application if 
we determine that there is sufficient interest to warrant the time and 
expense of such hearings or meetings. We will publish a notice in the 
Federal Register and may use other notification methods, such as a 
newspaper of general circulation in the vicinity of the lands involved 
or the Internet, to announce in advance any public hearings or meetings.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016]



Sec. 2884.21  How will BLM process my application?

    (a) BLM will notify you in writing when it receives your application 
and will identify your processing fee described at Sec. 2884.12 of this 
subpart.
    (b) The BLM will not process your application if you have any 
trespass action pending against you for any activity on BLM-administered 
lands (see Sec. 2888.11) or have any unpaid debts owed to the Federal 
Government. The only applications the BLM would process are those to 
resolve the trespass with a right-of-way as authorized in this part, or 
a lease or permit under the regulations found at 43 CFR part 2920, but 
only after outstanding debts are paid. Outstanding debts are those 
currently unpaid debts owed to the Federal Government after all 
administrative collection actions have occurred, including any appeal 
proceedings under applicable Federal regulations and the Administrative 
Procedure Act.
    (c) Customer service standard. BLM will process your completed 
application as follows:

------------------------------------------------------------------------
     Processing category        Processing time         Conditions
------------------------------------------------------------------------
1-4..........................  60 calendar days.  If processing your
                                                   application will take
                                                   longer than 60
                                                   calendar days, BLM
                                                   will notify you in
                                                   writing of this fact
                                                   prior to the 30th
                                                   calendar day and
                                                   inform you of when
                                                   you can expect a
                                                   final decision on
                                                   your application.
5............................  As specified in    BLM will process
                                the Master         applications as
                                Agreement.         specified in the
                                                   Agreement.
6............................  Over 60 calendar   BLM will notify you in
                                days.              writing within the
                                                   initial 60 day
                                                   processing period of
                                                   the estimated
                                                   processing time.
------------------------------------------------------------------------

    (d) Before issuing a grant or TUP, BLM will:
    (1) Complete a NEPA analysis for the application or approve a NEPA 
analysis previously completed for the application, as required by 40 CFR 
parts 1500 through 1508;
    (2) Determine whether or not your proposed use complies with 
applicable Federal and state laws, regulations, and local ordinances;
    (3) Consult, as necessary, with other governmental entities;
    (4) Hold public meetings, if sufficient public interest exists to 
warrant their time and expense. The BLM will publish a notice in the 
Federal Register and may use other methods, such as a newspaper of 
general circulation in the vicinity of the lands involved or the 
Internet, to announce in advance any public hearings or meetings; and

[[Page 319]]

    (5) Take any other action necessary to fully evaluate and decide 
whether to approve or deny your application.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016]



Sec. 2884.22  Can BLM ask me for additional information?

    (a) If we ask for additional information, we will follow the 
procedures in Sec. 2804.25(c) of this chapter.
    (b) BLM may also ask other Federal agencies for additional 
information, for terms and conditions or stipulations which the grant or 
TUP should contain, and for advice as to whether or not to issue the 
grant or TUP.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016]



Sec. 2884.23  Under what circumstances may BLM deny my application?

    (a) BLM may deny your application if:
    (1) The proposed use is inconsistent with the purpose for which BLM 
or other Federal agencies manage the lands described in your 
application;
    (2) The proposed use would not be in the public interest;
    (3) You are not qualified to hold a grant or TUP;
    (4) Issuing the grant or TUP would be inconsistent with the Act, 
other laws, or these or other regulations;
    (5) You do not have or cannot demonstrate the technical or financial 
capability to construct the pipeline or operate facilities within the 
right-of-way or TUP area; or
    (6) You do not adequately comply with a deficiency notice (see 
Sec. 2804.25(c) of this chapter) or with any requests from the BLM for 
additional information needed to process the application.
    (b) If you are unable to meet any of the requirements in this 
section you may request an alternative from the BLM (see Sec. 2884.30).
    (c) If BLM denies your application, you may appeal the decision 
under Sec. 2881.10 of this part.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016]



Sec. 2884.24  What fees do I owe if BLM denies my application or
if I withdraw my application?

    If BLM denies your application, or you withdraw it, you owe the 
processing fee set forth at Sec. 2884.12(b) of this subpart, unless you 
have a Processing Category 5 or 6 application. Then, the following 
conditions apply:
    (a) If BLM denies your Processing Category 5 or 6 application, you 
are liable for all actual costs that the United States incurred in 
processing it. The money you have not paid is due within 30 calendar 
days after receiving a bill for the amount due; and
    (b) You may withdraw your application in writing before BLM issues a 
grant or TUP. If you do so, you are liable for all actual processing 
costs the United States has incurred up to the time you withdraw the 
application and for the actual costs of terminating your application. 
Any money you have not paid is due within 30 calendar days after 
receiving a bill for the amount due.



Sec. 2884.25  What activities may I conduct on BLM lands covered by
my application for a grant or TUP while BLM is processing my 
application?

    (a) You may conduct casual use activities on BLM lands covered by 
the application, as may any other member of the public. BLM does not 
require a grant or TUP for casual use on BLM lands.
    (b) For any activities on BLM lands that are not casual use, you 
must obtain prior BLM approval. To conduct activities on lands 
administered by other Federal agencies, you must obtain any prior 
approval those agencies require.



Sec. 2884.26  When will BLM issue a grant or TUP when the lands
are managed by two or more Federal agencies?

    If the application involves lands managed by two or more Federal 
agencies, BLM will not issue or renew the grant or TUP until the heads 
of the agencies administering the lands involved have concurred. Where 
concurrence is not reached, the Secretary of the Interior, after 
consultation with these agencies, may issue or renew the

[[Page 320]]

grant or TUP, but not through lands within a Federal reservation where 
doing so would be inconsistent with the purposes of the reservation.



Sec. 2884.27  What additional requirement is necessary for grants or 
TUPs for pipelines 24 or more inches in diameter?

    If an application is for a grant or TUP for a pipeline 24 inches or 
more in diameter, BLM will not issue or renew the grant or TUP until 
after we notify the appropriate committees of Congress in accordance 
with 30 U.S.C. 185(w).



Sec. 2884.30  Showing of good cause.

    If you are unable to meet any of the processing requirements in this 
subpart, you may request approval for an alternative requirement from 
the BLM. Any such request is not approved until you receive BLM approval 
in writing. Your request to the BLM must:
    (a) Show good cause for your inability to meet a requirement;
    (b) Suggest an alternative requirement and explain why that 
requirement is appropriate; and
    (c) Be received in writing by the BLM in a timely manner, before the 
deadline to meet a particular requirement has passed.

[81 FR 92227, Dec. 19, 2016]



          Subpart 2885_Terms and Conditions of MLA Grants and 
                                  TUPs



Sec. 2885.10  When is a grant or TUP effective?

    A grant or TUP is effective after both you and BLM sign it. You must 
accept its terms and conditions in writing and pay any necessary rent 
and monitoring fees as set out in Secs. 2885.19 and 2885.23 of this 
subpart. Your written acceptance constitutes an agreement between you 
and the United States that your right to use the Federal lands, as 
specified in the grant or TUP, is subject to the terms and conditions of 
the grant or TUP and applicable laws and regulations.



Sec. 2885.11  What terms and conditions must I comply with?

    (a)
    (a) Duration. All grants, except those issued for a term of 3 years 
or less, will expire on December 31 of the final year of the grant. The 
term of a grant may not exceed 30 years, with the initial partial year 
of the grant considered to be the first year of the term. The term of a 
TUP may not exceed 3 years. The BLM will consider the following factors 
in establishing a reasonable term:
    (1) The cost of the pipeline and related facilities you plan to 
construct, operate, maintain, or terminate;
    (2) The pipeline's or related facility's useful life;
    (3) The public purpose served; and
    (4) Any potentially conflicting land uses; and
    (b) Terms and conditions of use. BLM may modify your proposed use or 
change the route or location of the facilities in your application. By 
accepting a grant or TUP, you agree to use the lands described in the 
grant or TUP for the purposes set forth in the grant or TUP. You also 
agree to comply with, and be bound by, the following terms and 
conditions. During construction, operation, maintenance, and termination 
of the project you must:
    (1) To the extent practicable, comply with all existing and 
subsequently enacted, issued, or amended Federal laws and regulations, 
and state laws and regulations applicable to the authorized use;
    (2) Rebuild and repair roads, fences, and established trails 
destroyed or damaged by constructing, operating, maintaining, or 
terminating the project;
    (3) Build and maintain suitable crossings for existing roads and 
significant trails that intersect the project;
    (4) Do everything reasonable to prevent and suppress fires on or in 
the immediate vicinity of the right-of-way or TUP area;
    (5) Not discriminate against any employee or applicant for 
employment during any phase of the project because of race, creed, 
color, sex, or national origin. You must also require subcontractors to 
not discriminate;

[[Page 321]]

    (6) Pay the rent and monitoring fees described in Secs. 2885.19 and 
2885.23 of this subpart;
    (7) The BLM may require that you obtain, or certify that you have 
obtained, a performance and reclamation bond or other acceptable 
security to cover any losses, damages, or injury to human health, the 
environment, and property incurred in connection with your use and 
occupancy of the right-of-way or TUP area, including terminating the 
grant or TUP, and to secure all obligations imposed by the grant or TUP 
and applicable laws and regulations. Your bond must cover liability for 
damages or injuries resulting from releases or discharges of hazardous 
materials. We may require a bond, an increase or decrease in the value 
of an existing bond, or other acceptable security at any time during the 
term of the grant or TUP. This bond is in addition to any individual 
lease, statewide, or nationwide oil and gas bonds you may have. All 
other provisions inSec. 2805.12(b) of this chapter regarding bond 
requirements for grants and leases issued under FLPMA also apply to 
grants or TUPs for oil and gas pipelines issued under this part;
    (8) Assume full liability if third parties are injured or damages 
occur to property on or near the right-of-way or TUP area (see 
Sec. 2886.13 of this part);
    (9) Comply with project-specific terms, conditions, and 
stipulations, including requirements to:
    (i) Restore, revegetate, and curtail erosion or any other 
rehabilitation measure BLM determines is necessary;
    (ii) Ensure that activities in connection with the grant or TUP 
comply with air and water quality standards or related facility siting 
standards contained in applicable Federal or state law or regulations;
    (iii) Control or prevent damage to scenic, aesthetic, cultural, and 
environmental values, including fish and wildlife habitat, and to public 
and private property and public health and safety;
    (iv) Protect the interests of individuals living in the general area 
who rely on the area for subsistence uses as that term is used in Title 
VIII of ANILCA (16 U.S.C. 3111 et seq.); and
    (v) Ensure that you construct, operate, maintain, and terminate the 
facilities on the lands in the right-of-way or TUP area in a manner 
consistent with the grant or TUP;
    (10) Immediately notify all Federal, state, tribal, and local 
agencies of any release or discharge of hazardous material reportable to 
such entity under applicable law. You must also notify BLM at the same 
time, and send BLM a copy of any written notification you prepared;
    (11) Not dispose of or store hazardous material on your right-of-way 
or TUP area, except as provided by the terms, conditions, and 
stipulation of your grant or TUP;
    (12) Certify that your compliance with all requirements of the 
Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 
11001 et seq., when you receive, assign, renew, amend, or terminate your 
grant or TUP;
    (13) Control and remove any release or discharge of hazardous 
material on or near the right-of-way or TUP area arising in connection 
with your use and occupancy of the right-of-way or TUP area, whether or 
not the release or discharge is authorized under the grant or TUP. You 
must also remediate and restore lands and resources affected by the 
release or discharge to BLM's satisfaction and to the satisfaction of 
any other Federal, state, tribal, or local agency having jurisdiction 
over the land, resource, or hazardous material;
    (14) Comply with all liability and indemnification provisions and 
stipulations in the grant or TUP;
    (15) As BLM directs, provide diagrams or maps showing the location 
of any constructed facility;
    (16) Construct, operate, and maintain the pipeline as a common 
carrier. This means that the pipeline owners and operators must accept, 
convey, transport, or purchase without discrimination all oil or gas 
delivered to the pipeline without regard to where the oil and gas was 
produced (i.e., whether on Federal or non-federal lands). Where natural 
gas not subject to state regulatory or conservation laws governing its 
purchase by pipeline companies is offered for sale, each pipeline 
company must

[[Page 322]]

purchase, without discrimination, any such natural gas produced in the 
vicinity of the pipeline. Common carrier provisions of this paragraph do 
not apply to natural gas pipelines operated by a:
    (i) Person subject to regulation under the Natural Gas Act (15 
U.S.C. 717 et seq.); or
    (ii) Public utility subject to regulation by state or municipal 
agencies with the authority to set rates and charges for the sale of 
natural gas to consumers within the state or municipality.
    (17) Within 30 calendar days after BLM requests it, file rate 
schedules and tariffs for oil and gas, or derivative products, 
transported by the pipeline as a common carrier with the agency BLM 
prescribes, and provide BLM proof that you made the required filing;
    (18) With certain exceptions (listed in the statute), not export 
domestically produced crude oil by pipeline without Presidential 
approval (see 30 U.S.C. 185(u) and (s) and 50 U.S.C. App. 2401);
    (19) Not exceed the right-of-way width that is specified in the 
grant without BLM's prior written authorization. If you need a right-of-
way wider than 50 feet plus the ground occupied by the pipeline and 
related facilities, see Sec. 2885.14 of this subpart;
    (20) Not use the right-of-way or TUP area for any use other than 
that authorized by the grant or TUP. If you require other pipelines, 
looping lines, or other improvements not authorized by the grant or TUP, 
you must first secure BLM's written authorization;
    (21) Not use or construct on the land in the right-of-way or TUP 
area until:
    (i) BLM approves your detailed plan for construction, operation, and 
termination of the pipeline, including provisions for rehabilitation of 
the right-of-way or TUP area and environmental protection; and
    (ii) You receive a Notice to Proceed for all or any part of the 
right-of-way or TUP area. In certain situations BLM may waive this 
requirement in writing; and
    (22) Comply with all other stipulations that BLM may require.

[70 FR 21078, Apr. 22, 2005, as amended at 73 FR 65073, Oct. 31, 2008; 
81 FR 92227, Dec. 19, 2016]



Sec. 2885.12  What rights does a grant or TUP convey?

    The grant or TUP conveys to you only those rights which it expressly 
contains. BLM issues it subject to the valid existing rights of others, 
including the United States. Rights which the grant or TUP conveys to 
you include the right to:
    (a) Use the described lands to construct, operate, maintain, and 
terminate facilities within the right-of-way or TUP area for authorized 
purposes under the terms and conditions of the grant or TUP;
    (b) Allow others to use the land as your agent in the exercise of 
the rights that the grant or TUP specifies;
    (c) Do minor trimming, pruning, and removing of vegetation to 
maintain the right-of-way or TUP area or facility;
    (d) Use common varieties of stone and soil which are necessarily 
removed during construction of the pipeline, without additional BLM 
authorization or payment, in constructing the pipeline within the 
authorized right-of-way or TUP area; and
    (e) Assign the grant or TUP to another, provided that you obtain the 
BLM's prior written approval, unless your grant or TUP specifically 
states that such approval is unnecessary.

[70 FR 21078, Apr. 22, 2005, as amended at 73 FR 65073, Oct. 31, 2008]



Sec. 2885.13  What rights does the United States retain?

    The United States retains and may exercise any rights the grant or 
TUP does not expressly convey to you. These include the United States' 
right to:
    (a) Access the lands covered by the grant or TUP at any time and 
enter any facility you construct on the right-of-way or TUP area. BLM 
will give you reasonable notice before it enters any facility on the 
right-of-way or TUP area;
    (b) Require common use of your right-of-way or TUP area, including 
subsurface and air space, and authorize use of the right-of-way or TUP 
area for compatible uses. You may not charge for the use of the lands 
made subject to such additional right-of-way grants;
    (c) Retain ownership of the resources of the land covered by the 
grant or

[[Page 323]]

TUP, including timber and vegetative or mineral materials and any other 
living or non-living resources. You have no right to use these 
resources, except as noted in Sec. 2885.12 of this subpart;
    (d) Determine whether or not your grant is renewable; and
    (e) Change the terms and conditions of your grant or TUP as a result 
of changes in legislation, regulation, or as otherwise necessary to 
protect public health or safety or the environment.



Sec. 2885.14  What happens if I need a right-of-way wider than 50 feet
plus the ground occupied by the pipeline and related facilities?

    (a) You may apply to BLM at any time for a right-of-way wider than 
50 feet plus the ground occupied by the pipeline and related facilities. 
In your application you must show that the wider right-of-way is 
necessary to:
    (1) Properly operate and maintain the pipeline after you have 
constructed it;
    (2) Protect the environment; or
    (3) Provide for public safety.
    (b) BLM will notify you in writing of its finding(s) and its 
decision on your application for a wider right-of-way. If the decision 
is adverse to you, you may appeal it under Sec. 2881.10 of this part.



Sec. 2885.15  How will BLM charge me rent?

    (a) BLM will charge rent beginning on the first day of the month 
following the effective date of the grant or TUP through the last day of 
the month when the grant or TUP terminates. Example: If a grant or TUP 
becomes effective on January 10 and terminates on September 16, the 
rental period would be February 1 through September 30, or 8 months.
    (b) There are no reductions or waivers of rent for grants or TUPs, 
except as provided under Sec. 2885.20(b).
    (c) BLM will set or adjust the annual billing periods to coincide 
with the calendar year by prorating the rent based on 12 months.
    (d) If you disagree with the rent that BLM charges, you may appeal 
the decision under Sec. 2881.10 of this part.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92228, Dec. 19, 2016]



Sec. 2885.16  When do I pay rent?

    (a) You must pay rent for the initial rental period before we issue 
you a grant or TUP. We prorate the initial rental amount based on the 
number of full months left in the calendar year after the effective date 
of the grant or TUP. If your grant qualifies for annual payments, the 
initial rent consists of the remaining partial year plus the next full 
year. If your grant or TUP allows for multi-year payments, your initial 
rent payment may be for the full term of the grant or TUP. See 
Sec. 2885.21 for additional information on payment of rent.
    (b) You make all other rental payments according to the payment plan 
described in Sec. 2885.21 of this subpart.
    (c) After the first rental payment, all rent is due on January 1 of 
the first year of each succeeding rental period for the term of your 
grant.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92228, Dec. 19, 2016]



Sec. 2885.17  What happens if I do not pay rents and fees or if I pay
the rents or fees late?

    (a) If BLM does not receive the rent payment within 15 calendar days 
after the rent was due under Sec. 2885.16 of this subpart, BLM will 
charge you a late payment fee of $25.00 or 10 percent of the rent you 
owe, whichever is greater, not to exceed $500 per authorization.
    (b) If BLM does not receive your rent payment and late payment fee 
within 30 calendar days after rent was due, BLM may collect other 
administrative fees provided by statute.
    (c) If BLM does not receive your rent, late payment fee, and any 
administrative fees within 90 calendar days after the rent was due, BLM 
may terminate your grant under Sec. 2886.17 of this part and you may not 
remove any facility or equipment without BLM's written permission. The 
rent due, late payment fees, and any administrative fees remain a debt 
that you owe to the United States.
    (d) If you pay the rent, late payment fees, and any administrative 
fees after BLM has terminated the grant, BLM does not automatically 
reinstate the grant. You must file a new application with BLM. BLM will 
consider the history of your failure to timely pay rent

[[Page 324]]

in deciding whether to issue you a new grant.
    (e) We will retroactively bill for uncollected or under-collected 
rent, including late payment and administrative fees, upon discovery if:
    (1) A clerical error is identified;
    (2) An adjustment to rental schedules is not applied; or
    (3) An omission or error in complying with the terms and conditions 
of the authorized right-of-way is identified.
    (f) You may appeal any adverse decision BLM takes against your grant 
or TUP under Sec. 2881.10 of this part.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92228, Dec. 19, 2016]



Sec. 2885.18  When must I make estimated rent payments to BLM?

    To expedite the processing of your application for a grant or TUP, 
BLM may estimate rent payments and require you to pay that amount when 
it issues the grant or TUP. The rent amount may change once BLM 
determines the actual rent of the grant or TUP. BLM will credit you any 
rental overpayment, and you are liable for any underpayment. This 
section does not apply to rent payments made under the rent schedule in 
this part.



Sec. 2885.19  What is the rent for a linear right-of-way grant?

    (a) The BLM will use the Per Acre Rent Schedule (see paragraph (b) 
of this section) to calculate the rent. Counties (or other geographical 
areas) are assigned to a County Zone Number and Per Acre Zone Value 
based upon 80 percent of their average per acre land and building value 
published in the NASS Census. The initial assignment of counties to the 
zones in the Per Acre Rent Schedule for the 5-year period from 2006 to 
2010 is based upon data contained in the most recent NASS Census (2002). 
Subsequent assignments of counties will occur every 5 years following 
the publication of the NASS Census. The Per Acre Rent Schedule is also 
adjusted periodically as follows:
    (1) Each calendar year the BLM will adjust the per acre rent values 
in Secs. 2806.20 and 2885.19(b) for all types of linear right-of-way 
facilities in each zone based on the average annual change in the IPD-
GDP for the 10-year period immediately preceding the year that the NASS 
Census data becomes available. For example, the average annual change in 
the IPD-GDP from 1994 to 2003 (the 10-year period immediately preceding 
the year (2004) that the 2002 NASS Census data became available) is 1.9 
percent. This annual adjustment factor is applied to years 2006 through 
2015 of the Per Acre Rent Schedule. Likewise, the average annual change 
in the IPD-GDP from 2004 to 2013 (the 10-year period immediately 
preceding the year (2014) when the 2012 NASS Census data will become 
available) will be applied to years 2016 through 2025 of the Per Acre 
Rent Schedule.
    (2) The BLM will review the NASS Census data from the 2012 NASS 
Census, and each subsequent 10-year period, and as appropriate, revise 
the number of county zones and the per acre zone values. Any revision 
must include 100 percent of the number of counties and listed 
geographical areas for all states and the Commonwealth of Puerto Rico 
and must reasonably reflect the increases or decreases in the average 
per acre land and building values contained in the NASS Census.
    (b) You may obtain a copy of the current Per Acre Rent Schedule from 
any BLM State, district, or field office or by writing: U.S. Department 
of the Interior, Bureau of Land Management, 20 M Street SE., Room 
2134LM, Washington, DC 20003. The BLM also posts the current rent 
schedule at http://www.blm.gov.

[73 FR 65073, Oct. 31, 2008, as amended at 81 FR 92228, Dec. 19, 2016]



Sec. 2885.20  How will the BLM calculate my rent for linear rights-of
-way the Per Acre Rent Schedule covers?

    (a) Except as provided by Sec. 2885.22, the BLM calculates your rent 
by multiplying the rent per acre for the appropriate county (or other 
geographical area) zone from the current schedule by the number of acres 
(as rounded up to the nearest tenth of an acre) in the right-of-way or 
TUP area that fall in each zone and multiplying the result by the number 
of years in the rental payment period (the length of time for which the 
holder is paying rent).
    (b) Phase-in provisions. If, as the result of any revisions made to 
the Per

[[Page 325]]

Acre Rent Schedule under Sec. 2885.19(a)(2), the payment of your new 
annual rental amount would cause you undue hardship, you may qualify for 
a 2-year phase-in period if you are a small business entity as that term 
is defined in Small Business Administration regulations and if it is in 
the public interest. We will require you to submit information to 
support your claim. If approved by the BLM State Director, payment of 
the amount in excess of the previous year's rent may be phased-in by 
equal increments over a 2-year period. In addition, the BLM will adjust 
the total calculated rent for year 2 of the phase-in period by the 
annual index provided by Sec. 2885.19(a)(1).
    (c) If the BLM has not previously used the rent schedule to 
calculate your rent, we may do so after giving you reasonable written 
notice.

[73 FR 65073, Oct. 31, 2008, as amended at 81 FR 92228, Dec. 19, 2016]



Sec. 2885.21  How must I make rental payments for a linear grant 
or TUP?

    (a) Term grants or TUPs. For TUPs you must make a one-time 
nonrefundable payment for the term of the TUP. For grants, except those 
that have been issued in perpetuity, you must make either nonrefundable 
annual payments or a nonrefundable payment for more than 1 year, as 
follows:
    (1) One-time payments. You may pay in advance the total rent amount 
for the entire term of the grant or any remaining years.
    (2) Multiple payments. If you choose not to make a one-time payment, 
you must pay according to one of the following methods:
    (i) Payments by individuals. If your annual rent is $100 or less, 
you must pay at 10-year intervals not to exceed the term of the grant. 
If your annual rent is greater than $100, you may pay annually or at 10-
year intervals, not to exceed the term of the grant. For example, if you 
have a grant with a remaining term of 30 years, you may pay in advance 
for 10 years, 20 years, or 30 years, but not any other multi-year 
period.
    (ii) Payments by all others. If your annual rent is $500 or less, 
you must pay rent at 10-year intervals, not to exceed the term of the 
grant. If your annual rent is greater than $500, you may pay annually or 
at 10-year intervals, not to exceed the term of the grant.
    (b) Perpetual grants issued prior to November 16, 1973. Except as 
provided by Sec. 2885.22(a), you must make either nonrefundable annual 
payments or a nonrefundable payment for more than 1 year, as follows:
    (1) Payments by individuals. If your annual rent is $100 or less, 
you must pay at 10-year intervals, not to exceed 30 years. If your 
annual rent is greater than $100, you may pay annually or at 10-year 
intervals, not to exceed 30 years.
    (2) Payments by all others. If your annual rent is $500 or less, you 
must pay rent at 10-year intervals, not to exceed 30 years. If your 
annual rent is greater than $500, you may pay annually or at 10-year 
intervals, not to exceed 30 years.
    (c) Proration of payments. The BLM considers the first partial 
calendar year in the initial rental payment period (the length of time 
for which the holder is paying rent) to be the first year of the term. 
The BLM prorates the first year rental amount based on the number of 
months left in the calendar year after the effective date of the grant.

[73 FR 65074, Oct. 31, 2008]



Sec. 2885.22  How may I make rental payments when land encumbered by
my term or perpetual linear grant is being transferred out of Federal
ownership?

    (a) One-time payment option for existing perpetual grants issued 
prior to November 16, 1973. If you have a perpetual grant and the land 
your grant encumbers is being transferred out of Federal ownership, you 
may choose to make a one-time rental payment. The BLM will determine the 
one-time payment for perpetual right-of-way grants by dividing the 
current annual rent for the subject property by an overall 
capitalization rate calculated from market data, where the overall 
capitalization rate is the difference between a market yield rate and a 
percent annual rent increase as described in the formula in paragraphs 
(a)(1), (2), and (3) of this

[[Page 326]]

section. The formula for this calculation is: One-time Payment = Annual 
Rent/(Y^CR), where:

    (1) Annual Rent = Current Annual Rent Applicable to the Subject 
Property from the Per Acre Rent Schedule;
    (2) Y = Yield Rate from the Per Acre Rent Schedule (5.27 percent); 
and
    (3) CR = Annual Percent Change in Rent as Determined by the Most 
Recent 10-Year Average of the difference in the IPD-GDP Index from 
January of one year to January of the following year.

    (b) In paragraph (a) of this section, the annual rent is determined 
from the Per Acre Rent Schedule (see Sec. 2885.19(b)), as updated under 
Sec. 2885.19(a)(1) and(2). However, the per acre zone value and zone 
number used in this annual rental determination will be based on the per 
acre land value from acceptable market information or an appraisal 
report, if any, for the land transfer action and not the county average 
per acre land and building value from the NASS Census. You may also 
submit an appraisal report on your own initiative in accordance with 
Sec. 2806.25(d) of this chapter.
    (c) When no acceptable market information is available and no 
appraisal report has been completed for the land transfer action, or 
when the BLM requests it, you must prepare an appraisal report as 
required under Sec. 2806.25(d) of this chapter.
    (d) Term Grant. If the land your grant encumbers is being 
transferred out of Federal ownership, you may pay in advance the total 
rent amount for the entire term of the grant or any remaining years. The 
BLM will use the annual rent calculated from the Per Acre Rent Schedule 
multiplied by the number of years in the rent payment period (the length 
of time for which the holder is paying rent) to determine the one-time 
rent. However, this amount must not exceed the one-time rent payment for 
a perpetual grant as determined under paragraphs (a) and (b) of this 
section.

[73 FR 65074, Oct. 31, 2008]



Sec. 2885.23  How will BLM calculate rent for communication uses
ancillary to a linear grant, TUP, or other use authorization?

    When a communication use is ancillary to, and authorized by BLM 
under, a grant or TUP for a linear use, or some other type of 
authorization (e.g., a mineral lease or sundry notice), BLM will 
determine the rent using the linear rent schedule (see Sec. 2885.19 of 
this subpart) or rent scheme associated with the other authorization, 
and not the communication use rent schedule (see Sec. 2806.30 of this 
chapter).

[70 FR 21078, Apr. 22, 2005. Redesignated at 73 FR 65074, Oct. 31, 2008]



Sec. 2885.24  If I hold a grant or TUP, what monitoring fees must
I pay?

    (a) Monitoring fees. Subject to Sec. 2886.11, you must pay a fee to 
the BLM for any costs the Federal Government incurs in inspecting and 
monitoring the construction, operation, maintenance, and termination of 
the pipeline and protection and rehabilitation of the affected public 
lands your grant or TUP covers. We update the monitoring fees for 
Categories 1 through 4 in the schedule each calendar year, based on the 
previous year's change in the IPD-GDP, as measured second quarter to 
second quarter. We will round these changes to the nearest dollar. We 
will update Category 5 monitoring fees as specified in the Master 
Agreement. We categorize the monitoring fees based on the estimated 
number of work hours necessary to monitor your grant or TUP. Monitoring 
fees for Categories 1 through 4 are one-time fees and are not 
refundable. These monitoring categories and the estimated range of 
Federal work hours for each category are:

                          Monitoring Categories
------------------------------------------------------------------------
        Monitoring category              Federal work hours involved
------------------------------------------------------------------------
(1) Inspecting and monitoring of    Estimated Federal work hours are >1
 new grants and TUPs, assignments,   8.
 renewals, and amendments to
 existing grants and TUPs.
(2) Inspecting and monitoring of    Estimated Federal work hours are >8
 new grants and TUPs, assignments,   24.
 renewals, and amendments to
 existing grants and TUPs.
(3) Inspecting and monitoring of    Estimated Federal work hours are >24
 new grants and TUPs, assignments,   36.
 renewals, and amendments to
 existing grants and TUPs.

[[Page 327]]

 
(4) Inspecting and monitoring of    Estimated Federal work hours are >36
 new grants and TUPs, assignments,   50.
 renewals, and amendments to
 existing grants and TUPS.
(5) Master Agreements.............  Varies.
(6) Inspecting and monitoring of    Estimated Federal work hours >50.
 new grants and TUPs, assignments,
 renewals, and amendments to
 existing grants and TUPs.
------------------------------------------------------------------------

    (b) The current monitoring cost schedule is available from any BLM 
State, district, or field office or by writing: U.S. Department of the 
Interior, Bureau of Land Management, 20 M Street SE., Room 2134LM, 
Washington, DC 20003. The BLM also posts the current schedule at http://
www.blm.gov.

[81 FR 92228, Dec. 19, 2016]



Sec. 2885.25  When do I pay monitoring fees?

    (a) Monitoring Categories 1 through 4. Unless BLM otherwise directs, 
you must pay monitoring fees when you submit to BLM your written 
acceptance of the terms and conditions of the grant or TUP.
    (b) Monitoring Category 5. You must pay the monitoring fees as 
specified in the Master Agreement. BLM will not issue your grant or TUP 
until it receives the required payment.
    (c) Monitoring Category 6. BLM may periodically estimate the costs 
of monitoring your use of the grant or TUP. BLM will include this fee in 
the costs associated with processing fees described at Sec. 2884.12 of 
this part. If BLM has underestimated the monitoring costs, we will 
notify you of the shortfall. If your payments exceed the actual costs 
that Federal employees incurred for monitoring, BLM will either 
reimburse you the difference, or adjust the next billing to reflect the 
overpayment. Unless BLM gives you written authorization, you may not 
offset or deduct the overpayment from your payments.
    (d) Monitoring Categories 1-4 and 6. If you disagree with the 
category BLM has determined for your application, you may appeal the 
decision under Sec. 2881.10 of this part.

[70 FR 21078, Apr. 22, 2005. Redesignated at 73 FR 65074, Oct. 31, 2008]



             Subpart 2886_Operations on MLA Grants and TUPs



Sec. 2886.10  When can I start activities under my grant or TUP?

    (a) When you can start depends on the terms of your grant or TUP. 
You can start activities when you receive the grant or TUP you and BLM 
signed, unless the grant or TUP includes a requirement for BLM to 
provide a written Notice to Proceed. If your grant or TUP contains a 
Notice to Proceed requirement, you may not initiate construction, 
operation, maintenance, or termination until BLM issues you a Notice to 
Proceed.
    (b) Before you begin operating your pipeline or related facility 
authorized by a grant or TUP, you must certify in writing to BLM that 
the pipeline system:
    (1) Has been constructed and tested according to the terms of the 
grant or TUP; and
    (2) Is in compliance with all required plans, specifications, and 
Federal and state laws and regulations.



Sec. 2886.11  Who regulates activities within my right-of-way 
or TUP area?

    After BLM has issued the grant or TUP, the head of the agency having 
administrative jurisdiction over the Federal lands involved will 
regulate your grant or TUP activities in conformance with the Act, 
appropriate regulations, and the terms and conditions of the grant or 
TUP. BLM and the other agency head may reach another agreement under 30 
U.S.C. 185(c).



Sec. 2886.12  When must I contact BLM during operations?

    You must contact BLM:
    (a) At the times specified in your grant or TUP;

[[Page 328]]

    (b) When your use requires a substantial deviation from the grant or 
TUP. You must seek an amendment to your grant or TUP under Sec. 2887.10 
and obtain our approval before you begin any activity that is a 
substantial deviation;
    (c) When there is a change affecting your application, grant, or TUP 
including, but not limited to changes in:
    (1) Mailing address;
    (2) Partners;
    (3) Financial conditions; or
    (4) Business or corporate status; and
    (d) Whenever site-specific circumstances or conditions arise that 
result in the need for changes to an approved right-of-way grant or TUP, 
POD, site plan, mitigation measures, or construction, operation, or 
termination procedures that are not substantial deviations in location 
or use authorized by a right-of-way grant or TUP. Changes for authorized 
actions, project materials, or adopted mitigation measures within the 
existing, approved right-of-way or TUP area must be submitted to the BLM 
for review and approval;
    (e) To identify and correct discrepancies or inconsistencies;
    (f) When you submit a certification of construction, if the terms of 
your grant require it. A certification of construction is a document you 
submit to the BLM after you have finished constructing a facility, but 
before you begin operating it, verifying that you have constructed and 
tested the facility to ensure that it complies with the terms of the 
grant and with applicable Federal and State laws and regulations; and
    (g) When BLM requests it, such as to update information or confirm 
that information you submitted before is accurate.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92229, Dec. 19, 2016]



Sec. 2886.13  If I hold a grant or TUP, for what am I liable?

    (a) If you hold a grant or TUP, you are liable to the United States 
and to third parties for any damage or injury they incur in connection 
with your use and occupancy of the right-of-way or TUP area.
    (b) You are strictly liable for any activity or facility associated 
with your right-of-way or TUP area which BLM determines presents a 
foreseeable hazard or risk of damage or injury to the United States. BLM 
will specify in the grant or TUP any activity or facility posing such 
hazard or risk, and the financial limitations on damages commensurate 
with such hazard or risk.
    (1) BLM will not impose strict liability for damage or injury 
resulting primarily from an act of war or the negligence of the United 
States, except as otherwise provided by law.
    (2) As used in this section, strict liability extends to costs 
incurred by the Federal government to control or abate conditions, such 
as fire or oil spills, which threaten life, property, or the 
environment, even if the threat occurs to areas that are not under 
Federal jurisdiction. This liability is separate and apart from 
liability under other provisions of law.
    (3) You are strictly liable to the United States for damage or 
injury up to $2 million for any one incident. BLM will update this 
amount annually to adjust for changes in the Consumer Price Index for 
All Urban Consumers, U.S. City Average (CPI-U) as of July of each year 
(difference in CPI-U from July of one year to July of the following 
year), rounded to the nearest $1,000. This financial limitation does not 
apply to the release or discharge of hazardous substances on or near the 
grant or TUP area, or where liability is otherwise not subject to this 
financial limitation under applicable law.
    (4) BLM will determine your liability for any amount in excess of 
the $2 million strict liability limitation (as adjusted) through the 
ordinary rules of negligence.
    (5) The rules of subrogation apply in cases where a third party 
caused the damage or injury.
    (c) If you cannot satisfy claims for injury or damage, all owners of 
any interests in, and all affiliates or subsidiaries of any holder of, a 
grant or TUP, except for corporate stockholders, are jointly and 
severally liable to the United States.
    (d) If BLM issues a grant or TUP to more than one holder, each is 
jointly and severally liable.
    (e) By accepting the grant or TUP, you agree to fully indemnify or 
hold

[[Page 329]]

the United States harmless for liability, damage, or claims arising in 
connection with your use and occupancy of the right-of-way or TUP area.
    (f) We address liability of state, tribal, and local governments in 
Sec. 2886.14 of this subpart.
    (g) The provisions of this section do not limit or exclude other 
remedies.



Sec. 2886.14  As grant or TUP holders, what liabilities do state, 
tribal, and local governments have?

    (a) If you are a state, tribal, or local government or its agency or 
instrumentality, you are liable to the fullest extent law allows at the 
time that BLM issues your grant or TUP. If you do not have the legal 
power to assume full liability, you must repair damages or make 
restitution to the fullest extent of your powers.
    (b) BLM may require you to provide a bond, insurance, or other 
acceptable security to:
    (1) Protect the liability exposure of the United States to claims by 
third parties arising out of your use and occupancy of the right-of-way 
or TUP area;
    (2) Cover any losses, damages, or injury to human health, the 
environment, and property incurred in connection with your use and 
occupancy of the right-of-way or TUP area; and
    (3) Cover any damages or injuries resulting from the release or 
discharge of hazardous materials incurred in connection with your use 
and occupancy of the right-of-way or TUP area.
    (c) Based on your record of compliance and changes in risk and 
conditions, BLM may require you to increase or decrease the amount of 
your bond, insurance, or security.
    (d) The provisions of this section do not limit or exclude other 
remedies.



Sec. 2886.15  How is grant or TUP administration affected if the 
BLM land my grant or TUP encumbers is transferred to another Federal
agency or out of Federal ownership?
          

    (a) If there is a proposal to transfer the BLM land your grant or 
TUP encumbers to another Federal agency, BLM may, after reasonable 
notice to you, transfer administration of your grant or TUP, for the 
lands BLM formerly administered, to another Federal agency, unless doing 
so would diminish your rights. If BLM determines your rights would be 
diminished by such a transfer, BLM can still transfer the land, but 
retain administration of your grant or TUP under existing terms and 
conditions.
    (b) The BLM will provide reasonable notice to you if there is a 
proposal to transfer the BLM land your grant or TUP encumbers out of 
Federal ownership. If you request, the BLM will negotiate new grant or 
TUP terms and conditions with you. This may include increasing the term 
of your grant to a 30-year term or replacing your TUP with a grant. 
These changes, if any, become effective prior to the time the land is 
transferred out of Federal ownership. The BLM may then, in conformance 
with existing policies and procedures:
    (1) Transfer the land subject to your grant or TUP. In this case, 
administration of your grant or TUP for the lands BLM formerly 
administered is transferred to the new owner of the land;
    (2) Transfer the land, but BLM retains administration of your grant 
or TUP; or
    (3) Reserve to the United States the land your grant or TUP 
encumbers, and BLM retains administration of your grant or TUP.
    (c) You and the new land owner may agree to negotiate new grant or 
TUP terms and conditions any time after the land encumbered by your 
grant or TUP is transferred out of Federal ownership.

[70 FR 21078, Apr. 22, 2005, as amended at 73 FR 65074, Oct. 31, 2008]



Sec. 2886.16  Under what conditions may BLM order an immediate 
temporary suspension of my activities?

    (a) Subject to Sec. 2886.11, BLM can order an immediate temporary 
suspension of grant or TUP activities within the right-of-way or TUP 
area to protect public health or safety or the environment. BLM can 
require you to stop your activities before holding an administrative 
proceeding on the matter and may order immediate remedial action.
    (b) BLM may issue the immediate temporary suspension order orally or

[[Page 330]]

in writing to you, your contractor or subcontractor, or to any 
representative, agent, or employee representing you or conducting the 
activity. BLM may take this action whether or not any action is being or 
has been taken by other Federal or state agencies. When you receive the 
order, you must stop the activity immediately. BLM will, as soon as 
practical, confirm an oral order by sending or hand delivering to you or 
your agent at your address a written suspension order explaining the 
reasons for it.
    (c) You may file a written request for permission to resume 
activities at any time after BLM issues the order. In the request, give 
the facts supporting your request and the reasons you believe that BLM 
should lift the order. BLM must grant or deny your request within 5 
business days after receiving it. If BLM does not respond within 5 
business days, BLM has denied your request. You may appeal the denial 
under Sec. 2881.10 of this part.
    (d) The immediate temporary suspension order is effective until you 
receive BLM's written notice to proceed with your activities.



Sec. 2886.17  Under what conditions may BLM suspend or terminate
my grant or TUP?

    (a) Subject to Sec. 2886.11, BLM may suspend or terminate your grant 
if you do not comply with applicable laws and regulations or any terms, 
conditions, or stipulations of the grant, or if you abandon the right-
of-way.
    (b) Subject to Sec. 2886.11, BLM may suspend or terminate your TUP 
if you do not comply with applicable laws and regulations or any terms, 
conditions, or stipulations of the TUP, or if you abandon the TUP area.
    (c) A grant or TUP also terminates when:
    (1) The grant or TUP contains a term or condition that has been met 
that requires the grant or TUP to terminate;
    (2) BLM consents in writing to your request to terminate the grant 
or TUP; or
    (3) It is required by law to terminate.
    (d) Your failure to use your right-of-way for its authorized purpose 
for any continuous 2-year period creates a presumption of abandonment. 
BLM will notify you in writing of this presumption. You may rebut the 
presumption of abandonment by proving that you used the right-of-way or 
that your failure to use the right-of-way was due to circumstances 
beyond your control, such as acts of God, war, or casualties not 
attributable to you.
    (e) You may appeal a decision under this section under Sec. 2881.10 
of this part.



Sec. 2886.18  How will I know that BLM intends to suspend or terminate
my grant or TUP?

    (a) Grants. When BLM determines that it will suspend or terminate 
your grant under Sec. 2886.17 of this subpart, it will send you a 
written notice of this determination. The determination will provide you 
a reasonable opportunity to correct the violation, start your use, or 
resume your use of the right-of-way, as appropriate. In the notice BLM 
will state the date by which you must correct the violation or start or 
resume use of the right-of-way.
    (1) If you have not corrected the violation or started or resumed 
use of the right-of-way by the date specified in the notice, BLM will 
refer the matter to the Office of Hearings and Appeals. An ALJ in the 
Office of Hearings and Appeals will provide an appropriate 
administrative proceeding under 5 U.S.C. 554 and determine whether 
grounds for suspension or termination exist. No administrative 
proceeding is required where the grant by its terms provides that it 
terminates on the occurrence of a fixed or agreed upon condition, event, 
or time.
    (2) BLM will suspend or terminate the grant if the ALJ determines 
that grounds exist for suspension or termination and the suspension or 
termination is justified.
    (b) TUPs. When BLM determines that it will suspend or terminate your 
TUP, it will send you a written notice and provide you a reasonable 
opportunity to correct the violation or start or resume use of the TUP 
area. The notice will also provide you information on how to file a 
written request for reconsideration.
    (1) You may file a written request with the BLM office that issued 
the notice, asking for reconsideration of the determination to suspend 
or terminate

[[Page 331]]

your TUP. BLM must receive this request within 10 business days after 
you receive the notice.
    (2) BLM will provide you with a written decision within 20 business 
days after receiving your request for reconsideration. The decision will 
include a finding of fact made by the next higher level of authority 
than that who made the suspension or termination determination. The 
decision will also inform you whether BLM suspended or terminated your 
TUP or cancelled the notice made under paragraph (b) of this section.
    (3) If the decision is adverse to you, you may appeal it under 
Sec. 2881.10 of this part.



Sec. 2886.19  When my grant or TUP terminates, what happens to any
facilities on it?

    (a) Subject to Sec. 2886.11, after your grant or TUP terminates, you 
must remove any facilities within the right-of-way or TUP area within a 
reasonable time, as determined by BLM, unless BLM instructs you 
otherwise in writing, or termination is due to non-payment of rent (see 
Sec. 2885.17(c) of this part).
    (b) After removing the facilities, you must remediate and restore 
the right-of-way or TUP area to a condition satisfactory to BLM, 
including the removal and clean-up of any hazardous materials.
    (c) If you do not remove all facilities within a reasonable period, 
as determined by BLM, BLM may declare them to be the property of the 
United States. However, you are still liable for the costs of removing 
them and for remediating and restoring the right-of-way or TUP area.



    Subpart 2887_Amending, Assigning, or Renewing MLA Grants and TUPs



Sec. 2887.10  When must I amend my application, seek an amendment of 
my grant or TUP, or obtain a new grant or TUP?

    (a) You must amend your application or seek an amendment of your 
grant or TUP when there is a proposed substantial deviation in location 
or use.
    (b) The requirements to amend an application or a grant or TUP are 
the same as those for a new application, including paying processing and 
monitoring fees and rent according to Secs. 2884.12, 2885.23, 2885.19, 
and 2886.11 of this part.
    (c) Any activity not authorized by your grant or TUP may subject you 
to prosecution under applicable law and to trespass charges under 
subpart 2888 of this part.
    (d) Notwithstanding paragraph (a) of this section, if you hold a 
pipeline grant issued before November 16, 1973, and there is a proposed 
substantial deviation in location or use of the right-of-way, you must 
apply for a new grant.
    (e) BLM may ratify or confirm a grant that was issued before 
November 16, 1973, if we can modify the grant to comply with the Act and 
these regulations. BLM and you must jointly agree to any modification of 
a grant made under this paragraph.



Sec. 2887.11  May I assign or make other changes to my grant or TUP?

    (a) With the BLM's approval, you may assign, in whole or in part, 
any right or interest in a grant or TUP. Assignment actions that may 
require BLM approval include, but are not limited to, the following:
    (1) The transfer by the holder (assignor) of any right or interest 
in the grant or TUP to a third party (assignee); and
    (2) Changes in ownership or other related change in control 
transactions involving the BLM right-of-way grant holder or TUP holder 
and another business entity (assignee), including corporate mergers or 
acquisitions, but not transactions within the same corporate family.
    (b) The BLM may require a grant or lease holder to file new or 
revised information in some circumstances that do not constitute an 
assignment (see subpart 2883 and Secs. 2884.11(c) and 2886.12). 
Circumstances that would not constitute an assignment but may 
necessitate this filing include, but are not limited to:
    (1) Transactions within the same corporate family;

[[Page 332]]

    (2) Changes in the holder's name only (see paragraph (h) of this 
section); and
    (3) Changes in the holder's articles of incorporation.
    (c) In order to assign a grant or TUP, the proposed assignee, 
subject to Sec. 2886.11, must file an application and follow the same 
procedures and standards as for a new grant or TUP, including paying 
processing fees (see Sec. 2884.12).
    (d) The assignment application must also include:
    (1) Documentation that the assignor agrees to the assignment; and
    (2) A signed statement that the proposed assignee agrees to comply 
with and to be bound by the terms and conditions of the grant or TUP 
that is being assigned and all applicable laws and regulations.
    (e) Your assignment is not recognized until the BLM approves it in 
writing. We will approve the assignment if doing so is in the public 
interest. The BLM may modify the grant or TUP or add bonding and other 
requirements, including terms and conditions, to the grant or TUP when 
approving the assignment. If we approve the assignment, the benefits and 
liabilities of the grant or TUP apply to the new grant or TUP holder.
    (f) The processing time and conditions described at Sec. 2884.21 
apply to assignment applications.
    (g) Only interests in issued right-of-way grants and TUPs are 
assignable. Pending right-of-way and TUP applications do not create any 
property rights or other interest and may not be assigned from one 
entity to another, except that an entity with a pending application may 
continue to pursue that application even if that entity becomes a wholly 
owned subsidiary of a new third party.
    (h) Change in name only of holder. Name-only changes are made by 
individuals, partnerships, corporations, and other right-of-way and TUP 
holders for a variety of business or legal reasons. To complete a change 
in name only, (i.e., when the name change in question is not the result 
of an underlying change in control of the right-of-way grant or TUP), 
the following requirements must be met:
    (1) The holder must file an application requesting a name change and 
follow the same procedures as for a new grant or TUP, including paying 
processing fees (see subpart 2884 of this part). The name change request 
must include:
    (i) If the name change is for an individual, a copy of the court 
order or other legal document effectuating the name change; or
    (ii) If the name change is for a corporation, a copy of the 
corporate resolution(s) proposing and approving the name change, a copy 
of the filing/acceptance of the change in name by the State or territory 
in which it is incorporated, and a copy of the appropriate 
resolution(s), order(s), or other documentation showing the name change.
    (2) In connection with processing of a name change only, the BLM 
retains the authority under Sec. 2885.13(e) to modify the grant or TUP, 
or add bonding and other requirements, including additional terms and 
conditions, to the grant or TUP.
    (3) Your name change is not recognized until the BLM approves it in 
writing.

[81 FR 92229, Dec. 19, 2016]



Sec. 2887.12  How do I renew my grant?

    (a) You must apply to BLM to renew the grant at least 120 calendar 
days before your grant expires. BLM will renew the grant if the pipeline 
is being operated and maintained in accordance with the grant, these 
regulations, and the Act. If your grant has expired or terminated, you 
must apply for a new grant under subpart 2884 of this part.
    (b) BLM may modify the terms and conditions of the grant at the time 
of renewal, and you must pay the processing fees (see Sec. 2884.12 of 
this part) in advance.
    (c) The time and conditions for processing applications for rights-
of-way, as described at Sec. 2884.21 of this part, apply to applications 
for renewals.
    (d) If you make a timely and sufficient application for a renewal of 
your existing grant or for a new grant in accordance with this section, 
the existing grant does not expire until we have issued a decision to 
approve or deny the application.

[[Page 333]]

    (e) If we deny your application, you may appeal the decision under 
Sec. 2881.10.

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92230, Dec. 19, 2016]



                          Subpart 2888_Trespass



Sec. 2888.10  What is trespass?

    (a) Trespass is using, occupying, or developing the public lands or 
their resources without a required authorization or in a way that is 
beyond the scope and terms and conditions of your authorization. 
Trespass is a prohibited act.
    (b) Trespass includes acts or omissions causing unnecessary or undue 
degradation to the public lands or their resources. In determining 
whether such degradation is occurring, BLM may consider the effects of 
the activity on resources and land uses outside the area of the 
activity.
    (c) The BLM will administer trespass actions for grants and TUPs as 
set forth in Secs. 2808.10(c), and 2808.11 of this chapter.
    (d) Other Federal agencies will address trespass on non-BLM lands 
under their respective laws and regulations.

[70 FR 21078, Apr. 22, 2005, as amended at 73 FR 65075, Oct. 31, 2008]



Sec. 2888.11  May I receive a grant if I am or have been in trespass?

    Until you satisfy your liability for a trespass, BLM will not 
process any applications you have pending for any activity on BLM-
administered lands. A history of trespass will not necessarily 
disqualify you from receiving a grant. In order to correct a trespass, 
you must apply under the procedures described at subpart 2884 of this 
part. BLM will process your application as if it were a new use. Prior 
unauthorized use does not create a preference for receiving a grant.



Group 2900_Use; Leases and Permits--Table of Contents





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.



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:

[[Page 334]]

    (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 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 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.

[[Page 335]]

    (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]



             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

[[Page 336]]

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.



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.

[[Page 337]]



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.



Sec. 2916.2  Procedures.



Sec. 2916.2-1  Applications.

    (a) Qualifications of applicants. Any person who is a citizen of the 
United

[[Page 338]]

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 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

[[Page 339]]

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.



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.

[[Page 340]]

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.
    (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.

[[Page 341]]

    (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 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.

[[Page 342]]

    (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]



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

[[Page 343]]

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.



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.

[[Page 344]]

    (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 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

[[Page 345]]

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 
information required by the notice of realty action.

[[Page 346]]

    (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 Secs. 2804.14 and 2805.16 of this 
chapter.
    (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 Secs. 2804.14 and 2805.16 of this 
chapter.
    (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 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

[[Page 347]]

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.

[46 FR 5777, Jan. 19, 1981, as amended at 70 FR 21090, Apr. 22, 2005; 73 
FR 65075, Oct. 31, 2008]



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 area covered by the land use 
authorization present a foreseeable hazard or risk of danger to public 
lands or other

[[Page 348]]

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 and monitoring fee. Each request for renewal, 
transfer, or assignment of a lease or easement shall be accompanied by a 
non-refundable processing and monitoring fee determined

[[Page 349]]

in accordance with the provisions of Secs. 2804.14 and 2805.16 of this 
chapter.

[70 FR 21078, Apr. 22, 2005, as amended at 73 FR 65075, Oct. 31, 2008]



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 350]]

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.



PART 2930_PERMITS FOR RECREATION ON PUBLIC LANDS--Table of Contents



              Subpart 2931_Permits for Recreation; General

Sec.
2931.1  What are the purposes of these regulations?
2931.2  What kinds of permits does BLM issue for recreation-related uses 
          of public lands?
2931.3  What are the authorities for these regulations?
2931.8  Appeals.
2931.9  Information collection.

Subpart 2932_Special Recreation Permits for Commercial Use, Competitive 
      Events, Organized Groups, and Recreation Use in Special Areas

2932.5  Definitions.
2932.10  When you need Special Recreation Permits.
2932.11  When do I need a Special Recreation Permit?
2932.12  When may BLM waive the requirement to obtain a permit?
2932.13  How will I know if individual use of a special area requires a 
          Special Recreation Permit?
2932.14  Do I need a Special Recreation Permit to hunt, trap, or fish?
2932.20  Special Recreation Permit applications.
2932.21  Why should I contact BLM before submitting an application?
2932.22  When do I apply for a Special Recreation Permit?
2932.23  Where do I apply for a Special Recreation Permit?
2932.24  What information must I submit with my application?
2932.25  What will BLM do when I apply for a Special Recreation Permit?
2932.26  How will BLM decide whether to issue a Special Recreation 
          Permit?
2932.30  Fees for Special Recreation Permits.
2932.31  How does BLM establish fees for Special Recreation Permits?
2932.32  When must I pay the fees?
2932.33  When are fees refundable?
2932.34  When may BLM waive Special Recreation Permit fees?
2932.40  Permit stipulations and terms.

[[Page 351]]

2932.41  What stipulations must I follow?
2932.42  How long is my Special Recreation Permit valid?
2932.43  What insurance requirements pertain to Special Recreation 
          Permits?
2932.44  What bonds does BLM require for a Special Recreation Permit?
2932.50  Administration of Special Recreation Permits.
2932.51  When can I renew my Special Recreation Permit?
2932.52  How do I apply for a renewal?
2932.53  What will be my renewal term?
2932.54  When may I transfer my Special Recreation Permit to other 
          individuals, companies, or entities?
2932.55  When must I allow BLM to examine my permit records?
2932.56  When will BLM amend, suspend, or cancel my permit?
2932.57  Prohibited acts and penalties.

            Subpart 2933_Recreation Use Permits for Fee Areas

2933.10  Obtaining Recreation Use Permits.
2933.11  When must I obtain a Recreation Use Permit?
2933.12  Where can I obtain a Recreation Use Permit?
2933.13  When do I need a reservation to use a fee site?
2933.14  For what time may BLM issue a Recreation Use Permit?
2933.20  Fees for Recreation Use Permits.
2933.21  When are fees charged for Recreation Use Permits?
2933.22  How does BLM establish Recreation Use Permit fees?
2933.23  When must I pay the fees?
2933.24  When can I get a refund of Recreation Use Permit fees?
2933.30  Rules of conduct.
2933.31  What rules must I follow at fee areas?
2933.32  When will BLM suspend or revoke my permit?
2933.33  Prohibited acts and penalties.

    Authority: 43 U.S.C. 1740; 16 U.S.C. 6802.

    Source: 67 FR 61740, Oct. 1, 2002, unless otherwise noted.



              Subpart 2931_Permits for Recreation; General



Sec. 2931.1  What are the purposes of these regulations?

    The regulations in this part--
    (a) State when you need a permit to use public lands and waters for 
recreation, including recreation-related business;
    (b) Tell you how to obtain the permit;
    (c) State the fees you must pay to obtain the permit; and
    (d) Establish the framework for BLM's administration of your permit.



Sec. 2931.2  What kinds of permits does BLM issue for recreation-
related uses of public lands?

    The regulations in this part establish permit and fee systems for:
    (a) Special Recreation Permits for commercial use, organized group 
activities or events, competitive use, and for use of special areas; and
    (b) Recreation use permits for use of fee areas such as campgrounds 
and day use areas.



Sec. 2931.3  What are the authorities for these regulations?

    The statutory authorities underlying the regulations in this part 
are the Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq., 
and the Federal Land Recreation Enhancement Act, 16 U.S.C. 6801 et seq.
    (a) The Federal Land Policy and Management Act (FLPMA) contains the 
Bureau of Land Management's (BLM's) general land use management 
authority over the public lands, and establishes outdoor recreation as 
one of the principal uses of those lands (43 U.S.C. 1701(a)(8)). Section 
302(b) of FLPMA directs the Secretary of the Interior to regulate 
through permits or other instruments the use of the public lands, which 
includes commercial recreation use. Section 303 of FLPMA authorizes the 
BLM to promulgate and enforce regulations, and establishes the penalties 
for violations of the regulations.
    (b) The Federal Land Recreation Enhancement Act (REA) authorizes the 
BLM to collect fees for recreational use in areas meeting certain 
criteria (16 U.S.C. 6802(f) and (g)(2)), and to issue special recreation 
permits for group activities and recreation events (16 U.S.C. 6802(h).
    (c) 18 U.S.C. 3571 and 3581 et seq. establish sentences of fines and 
imprisonment for violation of regulations.

[72 FR 7836, Feb. 21, 2007]

[[Page 352]]



Sec. 2931.8  Appeals.

    (a) If you are adversely affected by a decision under this part, you 
may appeal the decision under parts 4 and 1840 of this title.
    (b) All decisions BLM makes under this part will go into effect 
immediately and will remain in effect while appeals are pending unless a 
stay is granted under Sec. 4.21(b) of this title.



Sec. 2931.9  Information collection.

    The information collection requirements 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 1004-0119. BLM will use the 
information to determine whether we should grant permits to applicants 
for Special Recreation Permits on public lands. You must respond to 
requests for information to obtain a benefit.



Subpart 2932_Special Recreation Permits for Commercial Use, Competitive 
      Events, Organized Groups, and Recreation Use in Special Areas



Sec. 2932.5  Definitions.

    Actual expenses means money spent directly on the permitted 
activity. These may include costs of such items as food, rentals of 
group equipment, transportation, and permit or use fees. Actual expenses 
do not include the rental or purchase of personal equipment, 
amortization of equipment, salaries or other payments to participants, 
bonding costs, or profit.
    Commercial use means recreational use of the public lands and 
related waters for business or financial gain.
    (1) The activity, service, or use is commercial if--
    (i) Any person, group, or organization makes or attempts to make a 
profit, receive money, amortize equipment, or obtain goods or services, 
as compensation from participants in recreational activities occurring 
on public lands led, sponsored, or organized by that person, group, or 
organization;
    (ii) Anyone collects a fee or receives other compensation that is 
not strictly a sharing of actual expenses, or exceeds actual expenses, 
incurred for the purposes of the activity, service, or use;
    (iii) There is paid public advertising to seek participants; or
    (iv) Participants pay for a duty of care or an expectation of 
safety.
    (2) Profit-making organizations and organizations seeking to make a 
profit are automatically classified as commercial, even if that part of 
their activity covered by the permit is not profit-making or the 
business as a whole is not profitable.
    (3) Use of the public lands by scientific, educational, and 
therapeutic institutions or non-profit organizations is commercial and 
subject to a permit requirement when it meets any of the threshold 
criteria in paragraphs (1) and (2) of this definition. The non-profit 
status of any group or organization does not alone determine that an 
event or activity arranged by such a group or organization is 
noncommercial.
    Competitive use means--
    (1) Any organized, sanctioned, or structured use, event, or activity 
on public land in which 2 or more contestants compete and either or both 
of the following elements apply:
    (i) Participants register, enter, or complete an application for the 
event;
    (ii) A predetermined course or area is designated; or
    (2) One or more individuals contesting an established record such as 
for speed or endurance.
    Organized group activity means a structured, ordered, consolidated, 
or scheduled event on, or occupation of, public lands for the purpose of 
recreational use that is not commercial or competitive.
    Special area means:
    (1) An area officially designated by statute, or by Presidential or 
Secretarial order;
    (2) An area for which BLM determines that the resources require 
special management and control measures for their protection; or
    (3) An area covered by joint agreement between BLM and a State under 
Title II of the Sikes Act (16 U.S.C. 670a et seq.)
    Vending means the sale of goods or services, not from a permanent 
structure, associated with recreation on the public lands or related 
waters, such as

[[Page 353]]

food, beverages, clothing, firewood, souvenirs, photographs or film 
(video or still), or equipment repairs.



Sec. 2932.10  When you need Special Recreation Permits.



Sec. 2932.11  When do I need a Special Recreation Permit?

    (a) Except as provided in Sec. 2932.12, you must obtain a Special 
Recreation Permit for:
    (1) Commercial use, including vending associated with recreational 
use; or
    (2) Competitive use.
    (b) If BLM determines that it is necessary, based on planning 
decisions, resource concerns, potential user conflicts, or public health 
and safety, we may require you to obtain a Special Recreation Permit 
for--
    (1) Recreational use of special areas;
    (2) Noncommercial, noncompetitive, organized group activities or 
events; or
    (3) Academic, educational, scientific, or research uses that 
involve:
    (i) Means of access or activities normally associated with 
recreation;
    (ii) Use of areas where recreation use is allocated; or
    (iii) Use of special areas.



Sec. 2932.12  When may BLM waive the requirement to obtain a permit?

    We may waive the requirement to obtain a permit if:
    (a) The 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 appreciable damage to public land or water 
resource values;
    (b) BLM sponsors or co-sponsors the use. This includes any activity 
or event that BLM is involved in organizing and hosting, or sharing 
responsibility for, arranged through authorizing letters or written 
agreements; or
    (c) The use is a competitive event that--
    (1) Is not commercial;
    (2) Does not award cash prizes;
    (3) Is not publicly advertised;
    (4) Poses no appreciable risk for damage to public land or related 
water resource values; and
    (5) Requires no specific management or monitoring.
    (d) The use is an organized group activity or event that--
    (1) Is not commercial;
    (2) Is not publicly advertised;
    (3) Poses no appreciable risk for damage to public land or related 
water resource values; and
    (4) Requires no specific management or monitoring.



Sec. 2932.13  How will I know if individual use of a special area
requires a Special Recreation Permit?

    BLM will publish notification of the requirement to obtain a Special 
Recreation Permit to enter a special area in the Federal Register and 
local and regional news media. We will post permit requirements at major 
access points for the special area and provide information at the local 
BLM office.



Sec. 2932.14  Do I need a Special Recreation Permit to hunt, 
trap, or fish?

    (a) If you hold a valid State license, you do not need a Special 
Recreation Permit to hunt, trap, or fish. You must comply with State 
license requirements for these activities. BLM Special Recreation 
Permits do not alone authorize you to hunt, trap, or fish. However, you 
must have a Special Recreation Permit if BLM requires one for 
recreational use of a special area where you wish to hunt, trap, or 
fish.
    (b) Outfitters and guides providing services to hunters, trappers, 
or anglers must obtain Special Recreation Permits from BLM. Competitive 
event operators and organized groups may also need a Special Recreation 
Permit for these activities.



Sec. 2932.20  Special Recreation Permit applications.



Sec. 2932.21  Why should I contact BLM before submitting an
application?

    If you wish to apply for a Special Recreation Permit, we strongly 
urge you to contact the appropriate BLM office before submitting your 
application. You may need early consultation to become familiar with BLM 
practices and responsibilities, and the terms and conditions that we may 
require in a Special Recreation Permit. Because of the lead time 
involved in processing

[[Page 354]]

Special Recreation Permit applications, you should contact BLM in 
sufficient time to complete a permit application ahead of the 180 day 
requirement (see Sec. 2932.22(a)).



Sec. 2932.22  When do I apply for a Special Recreation Permit?

    (a) For all uses requiring a Special Recreation Permit, except 
private, noncommercial use of special areas (see paragraph (b) of this 
section), you must apply to the local BLM office at least 180 days 
before you intend your use to begin. Through publication in the local 
media and on-site posting as necessary, a BLM office may require 
applications for specific types of use more than 180 days before your 
intended use. A BLM office may also authorize shorter application times 
for activities or events that do not require extensive environmental 
documentation or consultation.
    (b) BLM field offices will establish Special Recreation Permit 
application procedures for private noncommercial individual use of 
special areas, including when to apply. As you begin to plan your use, 
you should call the field office with jurisdiction.



Sec. 2932.23  Where do I apply for a Special Recreation Permit?

    You must apply to the local BLM office with jurisdiction over the 
land you wish to use.



Sec. 2932.24  What information must I submit with my application?

    (a) Your application for a Special Recreation Permit for all uses, 
except individual and noncommercial group use of special areas, must 
include:
    (1) A completed BLM Special Recreation Application and Permit form;
    (2) Unless waived by BLM, a map or maps of sufficient scale and 
detail to allow identification of the proposed use area; and
    (3) Other information that BLM requests, in sufficient detail to 
allow us to evaluate the nature and impact of the proposed activity, 
including measures you will use to mitigate adverse impacts.
    (b) If you are an individual or noncommercial group wishing to use a 
special area, contact the local office with jurisdiction to find out the 
requirements, if any.



Sec. 2932.25  What will BLM do when I apply for a Special Recreation 
Permit?

    BLM will inform you within 30 days after the filing date of your 
application if we must delay a decision on issuing the permit. An 
example of when this could happen is if we determine that we cannot 
complete required environmental assessments or consultations with other 
agencies within 180 days.



Sec. 2932.26  How will BLM decide whether to issue a Special
Recreation Permit?

    BLM has discretion over whether to issue a Special Recreation 
Permit. We will base our decision on the following factors to the extent 
that they are relevant:
    (a) Conformance with laws and land use plans;
    (b) Public safety,
    (c) Conflicts with other uses,
    (d) Resource protection,
    (e) The public interest served,
    (f) Whether in the past you complied with the terms of your permit 
or other authorization from BLM and other agencies, and
    (g) Such other information that BLM finds appropriate.



Sec. 2932.30  Fees for Special Recreation Permits.



Sec. 2932.31  How does BLM establish fees for Special Recreation
Permits?

    (a) The BLM Director establishes fees, including minimum annual 
fees, for Special Recreation Permits for commercial activities, 
organized group activities or events, and competitive events.
    (b) The BLM Director may adjust the fees as necessary to reflect 
changes in costs and the market, using the following types of data:
    (1) The direct and indirect cost to the government;
    (2) The types of services or facilities provided; and
    (3) The comparable recreation fees charged by other Federal 
agencies, non-Federal public agencies, and the private sector located 
within the service area.

[[Page 355]]

    (c) The BLM Director will publish fees and adjusted fees in the 
Federal Register.
    (d) The State Director with jurisdiction--
    (1) Will set fees for other Special Recreation Permits (including 
any use of Special Areas, such as per capita special area fees 
applicable to all users, including private noncommercial visitors, 
commercial clients, and spectators),
    (2) May adjust the fees when he or she finds it necessary,
    (3) Will provide fee information in field offices, and
    (4) Will provide newspaper or other appropriate public notice.
    (e)(1) Commercial use. In addition to the fees set by the Director, 
BLM, if BLM needs more than 50 hours of staff time to process a Special 
Recreation Permit for commercial use in any one year, we may charge a 
fee for recovery of the processing costs.
    (2) Competitive or organized group/event use. BLM may charge a fee 
for recovery of costs to the agency of analyses and permit processing 
instead of the Special Recreation Permit fee, if--
    (i) BLM needs more than 50 hours of staff time to process a Special 
Recreation Permit for competitive or organized group/event use in any 
one year, and
    (ii) We anticipate that permit fees on the fee schedule for that 
year will be less than the costs of processing the permit.
    (3) Limitations on cost recovery. Cost recovery charges will be 
limited to BLM's costs of issuing the permit, including necessary 
environmental documentation, on-site monitoring, and permit enforcement. 
Programmatic or general land use plan NEPA documentation are not subject 
to cost recovery charges, except if the documentation work done was done 
for or provides special benefits or services to an identifiable 
individual applicant.
    (f) We will notify you in writing if you need to pay actual costs 
before processing your application.



Sec. 2932.32  When must I pay the fees?

    You must pay the required fees before BLM will authorize your use 
and by the deadline or deadlines that BLM will establish in each case. 
We may allow you to make periodic payments for commercial use. We will 
not process or continue processing your application until you have paid 
the required fees or installments.



Sec. 2932.33  When are fees refundable?

    (a) Overpayments. For multi-year commercial permits, if your actual 
fees due are less than the estimated fees you paid in advance, BLM will 
credit overpayments to the following year or season. For other permits, 
BLM will give you the option whether to receive refunds or credit 
overpayments to future permits, less processing costs.
    (b) Underuse. (1) Except as provided in paragraph (b)(2) of this 
section, for areas where BLM's planning process allocates use to 
commercial outfitters, or non-commercial users, or a combination, we 
will not make refunds for use of the areas we allocate to you in your 
permit if your actual use is less than your intended use.
    (2) We may consider a refund if we have sufficient time to authorize 
use by others.
    (c) Non-refundable fees. Application fees and minimum annual 
commercial use fees (those on BLM's published fee schedule) are not 
refundable.



Sec. 2932.34  When may BLM waive Special Recreation Permit fees?

    BLM may waive Special Recreation Permit fees on a case-by-case basis 
for accredited academic, scientific, and research institutions, 
therapeutic, or administrative uses.



Sec. 2932.40  Permit stipulations and terms.



Sec. 2932.41  What stipulations must I follow?

    You must follow all stipulations in your approved Special Recreation 
Permit. BLM may impose stipulations and conditions to meet management 
goals and objectives and to protect lands and resources and the public 
interest.



Sec. 2932.42  How long is my Special Recreation Permit valid?

    You may request a permit for a day, season of use, or other time 
period, up to a maximum of 10 years. BLM will

[[Page 356]]

determine the appropriate term on a case-by-case basis.

[69 FR 5706, Feb. 6, 2004]



Sec. 2932.43  What insurance requirements pertain to Special
Recreation Permits?

    (a) All commercial and competitive applicants for Special Recreation 
Permits, except vendors, must obtain a property damage, personal injury, 
and public liability insurance policy that BLM judges sufficient to 
protect the public and the United States. Your policy must name the U.S. 
Government as additionally insured or co-insured and stipulate that you 
or your insurer will notify BLM 30 days in advance of termination or 
modification of the policy.
    (b) We may also require vendors and other applicants, such as 
organized groups, to obtain and submit such a policy. BLM may waive the 
insurance requirement if we find that the vending or group activity will 
not cause appreciable environmental degradation or risk to human health 
or safety.



Sec. 2932.44  What bonds does BLM require for a Special Recreation 
Permit?

    BLM may require you to submit a payment bond, a cash or surety 
deposit, or other financial guarantee in an amount sufficient to cover 
your fees or defray the costs of restoration and rehabilitation of the 
lands affected by the permitted use. We will return the bonds and 
financial guarantees when you have complied with all permit 
stipulations. BLM may waive the bonding requirement if we find that your 
activity will not cause appreciable environmental degradation or risk to 
human health and safety.



Sec. 2932.50  Administration of Special Recreation Permits.



Sec. 2932.51  When can I renew my Special Recreation Permit?

    We will renew your Special Recreation Permit upon application at the 
end of its term only if--
    (a) It is in good standing;
    (b) Consistent with BLM management plans and policies; and
    (c) You and all of your affiliates have a satisfactory record of 
performance.



Sec. 2932.52  How do I apply for a renewal?

    (a) You must apply for renewal on the same form as for a new permit. 
You must include information that has changed since your application or 
your most recent renewal. If information about your operation or 
activities has not changed, you may merely state that and refer to your 
most recent application or renewal.
    (b) BLM will establish deadlines in your permit for submitting 
renewal applications.



Sec. 2932.53  What will be my renewal term?

    Renewals will generally be for the same term as the previous permit.



Sec. 2932.54  When may I transfer my Special Recreation Permit 
to other individuals, companies, or entities?

    (a) BLM may transfer a commercial Special Recreation Permit only in 
the case of an actual sale of a business or a substantial part of the 
business. Only BLM can approve the transfer or assignment of permit 
privileges to another person or entity, also basing our decision on the 
criteria in Sec. 2932.26.
    (b) The approved transferee must complete the standard permit 
application process as provided in Sec. 2932.20 through 2932.24. Once 
BLM approves your transfer of permit privileges and your transferee 
meets all BLM requirements, including payment of fees, BLM will issue a 
Special Recreation Permit to the transferee.



Sec. 2932.55  When must I allow BLM to examine my permit records?

    (a) You must make your permit records available upon BLM request. 
BLM will not ask to inspect any of this material later than 3 years 
after your permit expires.
    (b) BLM may examine any books, documents, papers, or records 
pertaining to your Special Recreation Permit or transactions relating to 
it, whether in your possession, or that of your employees, business 
affiliates, or agents.

[[Page 357]]



Sec. 2932.56  When will BLM amend, suspend, or cancel my permit?

    (a) BLM may amend, suspend, or cancel your Special Recreation Permit 
if necessary to protect public health, public safety, or the 
environment.
    (b) BLM may suspend or cancel your Special Recreation Permit if 
you--
    (1) Violate permit stipulations, or
    (2) Are convicted of violating any Federal or State law or 
regulation concerning the conservation or protection of natural 
resources, the environment, endangered species, or antiquities.
    (c) If we suspend your permit or a portion thereof, all of your 
responsibilities under the permit will continue during the suspension.



Sec. 2932.57  Prohibited acts and penalties.

    (a) Prohibited acts. You must not--
    (1) Fail to obtain a Special Recreation Permit and pay the fees 
required by this subpart;
    (2) Violate the stipulations or conditions of a permit issued under 
this subpart;
    (3) Knowingly participate in an event or activity subject to the 
permit requirements of this subpart if BLM has not issued a permit;
    (4) Fail to post a copy of any commercial or competitive permit 
where all participants may read it;
    (5) Fail to show a copy of your Special Recreation Permit upon 
request by either a BLM employee or a participant in your activity.
    (6) Obstruct or impede pedestrians or vehicles, or harass visitors 
or other persons with physical contact while engaged in activities 
covered under a permit or other authorization; or
    (7) Refuse to leave or disperse, when directed to do so by a BLM law 
enforcement officer or State or local law enforcement officer, whether 
you have a required Special Recreation Permit or not.
    (b) Penalties. (1) If you are convicted of any act prohibited by 
paragraphs (a)(2) through (a)(7) of this section, or of failing to 
obtain a Special Recreation Permit under paragraph (a)(1) of this 
section, you may be subject to a sentence of a fine or imprisonment or 
both for a Class A misdemeanor in accordance with 18 U.S.C. 3571 and 
3581 et seq. under the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1733(a)).
    (2) If you are convicted of failing to pay a fee required by 
paragraph (a)(1) of this section, you may be subject to a sentence of a 
fine not to exceed $100 for the first offense, or a sentence of a fine 
and or imprisonment for a Class A or B misdemeanor in accordance with 18 
U.S.C. 3571 and 3581 et seq. for all subsequent offenses.
    (3) You may also be subject to civil action for unauthorized use of 
the public lands or related waters and their resources, for violations 
of permit terms, conditions, or stipulations, or for uses beyond those 
allowed by permit.

[67 FR 61740, Oct. 1, 2002, as amended at 72 FR 7836, Feb. 21, 2007]



            Subpart 2933_Recreation Use Permits for Fee Areas



Sec. 2933.10  Obtaining Recreation Use Permits.



Sec. 2933.11  When must I obtain a Recreation Use Permit?

    You must obtain a Recreation Use Permit for individual or group use 
of fee areas. These are sites where we provide or administer specialized 
facilities, equipment, or services related to outdoor recreation. You 
may visit these areas for the uses and time periods BLM specifies. We 
will post these uses and limits at the entrance to the area or site, and 
provide this information in the local BLM office with jurisdiction over 
the area or site. You may contact this office for permit information 
when planning your visit.



Sec. 2933.12  Where can I obtain a Recreation Use Permit?

    You may obtain a permit at self-service pay stations, from personnel 
at the site, or at other specified locations. Because these locations 
may vary from site to site, you should contact the local BLM office with 
jurisdiction over the area or site in advance for permit information.



Sec. 2933.13  When do I need a reservation to use a fee site?

    Most sites are available on a first come/first serve basis. However, 
you

[[Page 358]]

may need a reservation to use some sites. You should contact the local 
BLM office with jurisdiction over the site or area to learn whether a 
reservation is required.



Sec. 2933.14  For what time may BLM issue a Recreation Use Permit?

    You may obtain a permit for a day, season of use, year, or any other 
time period that we deem appropriate for the particular use. We will 
post this information on site, or make it available at the local BLM 
office with jurisdiction over the area or site, or both.



Sec. 2933.20  Fees for Recreation Use Permits.



Sec. 2933.21  When are fees charged for Recreation Use Permits?

    You must pay a fee for individual or group recreational use if the 
area is posted to that effect. You may also find fee information at BLM 
field offices or BLM Internet websites.



Sec. 2933.22  How does BLM establish Recreation Use Permit fees?

    BLM sets recreation use fees and adjusts them from time to time to 
reflect changes in costs and the market, using the following types of 
data:
    (a) The direct and indirect cost to the government;
    (b) The types of services or facilities provided; and
    (c) The comparable recreation fees charged by other Federal 
agencies, non-Federal public agencies, and the private sector located 
within the service area.



Sec. 2933.23  When must I pay the fees?

    You must pay the required fees upon occupying a designated 
recreation use facility, when you receive services, or as the BLM's 
reservation system may require. These practices vary from site to site. 
You may contact the local BLM office with jurisdiction over the area or 
site for fee information.



Sec. 2933.24  When can I get a refund of Recreation Use Permit fees?

    If we close the fee site for administrative or emergency reasons, we 
will refund the unused portion of your permit fee upon request.



Sec. 2933.30  Rules of conduct.



Sec. 2933.31  What rules must I follow at fee areas?

    You must comply with all rules that BLM posts in the area. Any such 
site-specific rules supplement the general rules of conduct contained in 
subpart 8365 of this chapter relating to public safety, resource 
protection, and visitor comfort.



Sec. 2933.32  When will BLM suspend or revoke my permit?

    (a) We may suspend your permit to protect public health, public 
safety, the environment, or you.
    (b) We may revoke your permit if you commit any of the acts 
prohibited in subpart 8365 of this chapter, or violate any of the 
stipulations attached to your permit, or any site-specific rules posted 
in the area.



Sec. 2933.33  Prohibited acts and penalties.

    (a) Prohibited acts. You must not--
    (1) Fail to obtain a use permit or pay any fees required by this 
subpart;
    (2) Violate the stipulations or conditions of a permit issued under 
this subpart;
    (3) Fail to pay any fees within the time specified;
    (4) Fail to display any required proof of payment of fees;
    (5) Willfully and knowingly possess, use, publish as true, or sell 
to another, any forged, counterfeited, or altered document or instrument 
used as proof of or exemption from fee payment;
    (6) Willfully and knowingly use any document or instrument used as 
proof of or exemption from fee payment, that the BLM issued to or 
intended another to use; or
    (7) Falsely represent yourself to be a person to whom the BLM has 
issued a document or instrument used as proof of or exemption from fee 
payment.
    (b) Evidence of nonpayment. The BLM will consider failure to display 
proof of payment on your unattended vehicle parked within a fee area, 
where payment is required to be prima facie evidence of nonpayment.
    (c) Responsibility for penalties. If another driver incurs a penalty 
under

[[Page 359]]

this subpart when using a vehicle registered in your name, you and the 
driver are jointly responsible for the penalty, unless you show that the 
vehicle was used without your permission.
    (d) Types of penalties. You may be subject to the following fines or 
penalties for violating the provisions of this subpart:

------------------------------------------------------------------------
 If you are convicted of . .     then you may be
              .                 subject to . . .         under . . .
------------------------------------------------------------------------
(1) Failing to obtain a       A sentence of a fine  The Federal Land
 permit under paragraph        and/or imprisonment   Policy and
 (a)(1) of this section, or    for a Class A         Management Act of
 any act prohibited by         misdemeanor in        1976 (43 U.S.C.
 paragraph (a)(4), (5), or     accordance with 18    1733(a)).
 (6) of this section.          U.S.C. 3571 and
                               3581 et seq.
(2) Violating any regulation  A sentence of a fine  The Federal Land
 in this subpart or any        and/or imprisonment   Policy and
 condition of a Recreation     for a Class A         Management Act of
 Use Permit.                   misdemeanor in        1976 (43 U.S.C.
                               accordance with 18    1733(a)).
                               U.S.C. 3571 and
                               3581 et seq.
(3) Failing to pay a          A fine not to exceed  The Federal Lands
 Recreation Use Permit fee     $100 for the first    Recreation
 required by paragraph         offense, or a         Enhancement Act (16
 (a)(1) of this section, or    sentence of a fine    U.S.C. 6811).
 any act prohibited by         and/or imprisonment
 paragraph (a)(3) of this      for a Class A or B
 section.                      misdemeanor in
                               accordance with 18
                               U.S.C. 3571 and
                               3581 et seq. for
                               all subsequent
                               offenses.
------------------------------------------------------------------------


[69 FR 5706, Feb. 6, 2004, as amended at 72 FR 7836, Feb. 21, 2007]

[[Page 360]]



                 SUBCHAPTER C_MINERALS MANAGEMENT (3000)





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.
3000.10  What do I need to know about fees in general?
3000.11  When and how does BLM charge me processing fees on a case-by-
          case basis?
3000.12  What is the fee schedule for fixed fees?

    Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-306, 
351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et seq.; 42 
U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95 Stat. 357.

    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.
    (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

[[Page 361]]

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 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

[[Page 362]]

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]



Sec. 3000.10  What do I need to know about fees in general?

    (a) Setting fees. Fees may be statutorily set fees, relatively 
nominal filing fees, or processing fees intended to reimburse BLM for 
its reasonable processing costs. For processing fees, BLM takes into 
account the factors in Section 304 (b) of the Federal Land Policy and 
Management Act of 1976 (FLPMA) (43 U.S.C. 1734(b)) before deciding a 
fee. BLM considers the factors for each type of document when the 
processing fee is a fixed fee and for each individual document when the 
fee is decided on a case-by-case basis, as explained in Sec. 3000.11.
    (b) Conditions for filing. BLM will not accept a document that you 
submit without the proper filing or processing fee amounts except for 
documents where BLM sets the fee on a case-by-case basis. Fees are not 
refundable except as provided for case-by-case fees in Sec. 3000.11. BLM 
will keep your fixed filing or processing fee as a service charge even 
if we do not approve your application or you withdraw it completely or 
partially.
    (c) Periodic adjustment. We will periodically adjust fees 
established in this subchapter according to change in the Implicit Price 
Deflator for Gross Domestic Product, which is published quarterly by the 
U.S. Department of Commerce. Because the fee recalculations are simply 
based on a mathematical formula, we will change the fees in final rules 
without opportunity for notice and comment.
    (d) Timing of fee applicability. (1) For a document BLM receives 
before November 7, 2005, we will not charge a fixed fee or a case-by-
case fee under this subchapter for processing that document, except for 
fees applicable under then-existing regulations.
    (2) For a document BLM receives on or after November 7, 2005, you 
must include required fixed fees with documents you file, as provided in 
Sec. 3000.12(a) of this chapter, and you are subject to case-by-case 
processing fees as provided in Sec. 3000.11 of this chapter and under 
other provisions of this chapter.

[70 FR 58872, Oct. 7, 2005, as amended at 72 FR 50886, Sept. 5, 2007]



Sec. 3000.11  When and how does BLM charge me processing fees 
on a case-by-case basis?

    (a) Fees in this subchapter are designated either as case-by-case 
fees or as fixed fees. The fixed fees are established in this subchapter 
for specified types of documents. However, if BLM decides at any time 
that a particular document designated for a fixed fee will have a unique 
processing cost, such as the preparation of an Environmental Impact 
Statement, we may set the fee under the case-by-case procedures in this 
section.
    (b) For case-by-case fees, BLM measures the ongoing processing cost 
for each individual document and considers the factors in Section 304(b) 
of FLPMA on a case-by-case basis according to the following procedures:
    (1) You may ask BLM's approval to do all or part of any study or 
other activity according to standards BLM specifies, thereby reducing 
BLM's costs for processing your document.
    (2) Before performing any case processing, we will give you a 
written estimate of the proposed fee for reasonable processing costs 
after we consider the FLPMA Section 304(b) factors.
    (3) You may comment on the proposed fee.
    (4) We will then give you the final estimate of the processing fee 
amount after considering your comments and any BLM-approved work you 
will do.
    (i) If we encounter higher or lower processing costs than 
anticipated, we will re-estimate our reasonable processing costs 
following the procedure in paragraphs (b)(1), (b)(2), (b)(3) and (b)(4) 
of this section, but we will not stop ongoing processing unless you do 
not pay in accordance with paragraph (b)(5) of this section.

[[Page 363]]

    (ii) If the fee you would pay under this paragraph (b)(4) is less 
than BLM's actual costs as a result of consideration of the FLPMA 
Section 304(b) factors, and we are not able to process your document 
promptly because of the unavailability of funding or other resources, 
you will have the option to pay BLM's actual costs to process your 
document. This will enable BLM to process your document sooner.
    (iii) Once processing is complete, we will refund to you any money 
that we did not spend on processing costs.
    (5)(i) We will periodically estimate what our reasonable processing 
costs will be for a specific period and will bill you for that period. 
Payment is due to BLM 30 days after you receive your bill. BLM will stop 
processing your document if you do not pay the bill by the date payment 
is due.
    (ii) If a periodic payment turns out to be more or less than BLM's 
reasonable processing costs for the period, we will adjust the next 
billing accordingly or make a refund. Do not deduct any amount from a 
payment without our prior written approval.
    (6) You must pay the entire fee before we will issue the final 
document.
    (7) You may appeal BLM's estimated processing costs in accordance 
with the regulations in part 4, subpart E, of this title. You may also 
appeal any determination BLM makes under paragraph (a) of this section 
that a document designated for a fixed fee will be processed as a case-
by-case fee. We will not process the document further until the appeal 
is resolved, in accordance with paragraph (b)(5)(i) of this section, 
unless you pay the fee under protest while the appeal is pending. If the 
appeal results in a decision changing the proposed fee, we will adjust 
the fee in accordance with paragraph (b)(5)(ii) of this section.

[70 FR 58872, Oct. 7, 2005]



Sec. 3000.12  What is the fee schedule for fixed fees?

    (a) The table in this section shows the fixed fees that you must pay 
to the BLM for the services listed for Fiscal Year 2017. These fees are 
nonrefundable and must be included with documents you file under this 
chapter. Fees will be adjusted annually according to the change in the 
Implicit Price Deflator for Gross Domestic Product (IPD-GDP) by way of 
publication of a final rule in the Federal Register and will 
subsequently be posted on the BLM Web site (http://www.blm.gov) before 
October 1 each year. Revised fees are effective each year on October 1.

                 FY 2017 Processing and Filing Fee Table
------------------------------------------------------------------------
        Document/action                        FY 2017 fee
------------------------------------------------------------------------
             Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
------------------------------------------------------------------------
Noncompetitive lease             $415.
 application.
Competitive lease application..  $160.
Assignment and transfer of       $95.
 record title or operating
 rights.
Overriding royalty transfer,     $10.
 payment out of production.
Name change, corporate merger    $215.
 or transfer to heir/devisee.
Lease consolidation............  $455.
Lease renewal or exchange......  $415.
Lease reinstatement, Class I...  $80.
Leasing under right-of-way.....  $415.
Geophysical exploration permit   $25.
 application--Alaska.
Renewal of exploration permit--  $25.
 Alaska.
------------------------------------------------------------------------
                         Geothermal (part 3200)
------------------------------------------------------------------------
Noncompetitive lease             $415.
 application.
Competitive lease application..  $160.
Assignment and transfer of       $95.
 record title or operating
 rights.
Name change, corporate merger    $215.
 or transfer to heir/devisee.
Lease consolidation............  $455.
Lease reinstatement............  $80.
Nomination of lands............  $115.
  plus per acre nomination fee.  $0.12.
Site license application.......  $60.
Assignment or transfer of site   $60.
 license.
------------------------------------------------------------------------

[[Page 364]]

 
                         Coal (parts 3400, 3470)
------------------------------------------------------------------------
License to mine application....  $10.
Exploration license application  $340.
Lease or lease interest          $70.
 transfer.
------------------------------------------------------------------------
  Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500,
                                  3580)
------------------------------------------------------------------------
Applications other than those    $35.
 listed below.
------------------------------------------------------------------------
Prospecting permit application   $70.
 amendment.
Extension of prospecting permit  $110.
Lease modification or fringe     $30.
 acreage lease.
Lease renewal..................  $530.
Assignment, sublease, or         $30.
 transfer of operating rights.
Transfer of overriding royalty.  $30.
Use permit.....................  $30.
Shasta and Trinity hardrock      $30.
 mineral lease.
Renewal of existing sand and     $30.
 gravel lease in Nevada.
------------------------------------------------------------------------
  Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
------------------------------------------------------------------------
Notice of protest of placer      $15.
 mining operations.
------------------------------------------------------------------------
  Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
------------------------------------------------------------------------
Application to open lands to     $10.
 location.
Notice of location*............  $20.
Amendment of location..........  $10.
Transfer of mining claim/site..  $10.
Recording an annual FLPMA        $10.
 filing.
Deferment of assessment work...  $110.
Recording a notice of intent to  $30.
 locate mining claims on
 Stockraising Homestead Act
 lands.
Mineral patent adjudication....  $3,110 (more than 10 claims).
                                 $1,555 (10 or fewer claims).
Adverse claim..................  $110.
Protest........................  $70.
------------------------------------------------------------------------
              Oil Shale Management (parts 3900, 3910, 3930)
------------------------------------------------------------------------
Exploration license application  $325.
Application for assignment or    $65.
 sublease of record title or
 overriding royalty.
------------------------------------------------------------------------
* To record a mining claim or site location, you must pay this
  processing fee along with the initial maintenance fee and the one-time
  location fee required by statute. 43 CFR part 3833.

    (b) The amount of a fixed fee is not subject to appeal to the 
Interior Board of Land Appeals pursuant to part 4, subpart E, of this 
title.

[70 FR 58873, Oct. 7, 2005, as amended at 72 FR 24400, May 2, 2007; 72 
FR 50886, Sept. 5, 2007, 73 FR 54720, Sept. 23, 2008; 74 FR 7193, Feb. 
13, 2009; 74 FR 49334, Sept. 28, 2009; 75 FR 55682, Sept. 14, 2010; 76 
FR 59062, Sept. 23, 2011; 77 FR 55424, Sept. 10, 2012; 78 FR 49949, Aug. 
16, 2013; 79 FR 57480, Sept. 25, 2014; 80 FR 58629, Sept. 30, 2015; 81 
FR 65561, Sept. 23, 2016]



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.
3100.4  Public availability of information.

[[Page 365]]

                     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 of 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.
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  If I transfer my lease, what is my continuing obligation?
3106.7-3  Lease account status.
3106.7-4  Effective date of transfer.
3106.7-5  Effect of transfer.
3106.7-6  If I acquire a lease by an assignment or transfer, what 
          obligations do I agree to assume?
3106.8  Other types of transfers.
3106.8-1  Heirs and devisees.

[[Page 366]]

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  As a lessee, may I relinquish my lease?
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.
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: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359 and 
1751; 43 U.S.C. 1732(b), 1733, and 1740; and the Energy Policy Act of 
2005 (Pub. L. 109-58).

    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-

[[Page 367]]

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 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

[[Page 368]]

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]



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

[[Page 369]]

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 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-

[[Page 370]]

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 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]



Sec. 3100.4  Public availability of information.

    (a) All data and information concerning Federal and Indian minerals 
submitted under this part 3100 and parts 3110 through 3190 of this 
chapter are subject to part 2 of this title, except as provided in 
paragraph (c) of this section. Part 2 of this title includes the 
regulations of the Department of the Interior covering the public 
disclosure of data and information contained in Department of the 
Interior records. Certain mineral information not protected from public 
disclosure under part 2 of this title may be made available for 
inspection without a Freedom of Information Act (FOIA) (5 U.S.C. 552) 
request.
    (b) When you submit data and information under this part 3100 and 
parts 3110 through 3190 of this chapter that you believe to be exempt 
from disclosure to the public, you must clearly mark each page that you 
believe includes confidential information. BLM will keep all such data 
and information confidential to the extent allowed by Sec. 2.13(c) of 
this title.
    (c) Under the Indian Mineral Development Act of 1982 (IMDA) (25 
U.S.C. 2101 et seq.), the Department of the Interior will hold as 
privileged proprietary information of the affected Indian or Indian 
tribe--

[[Page 371]]

    (1) All findings forming the basis of the Secretary's intent to 
approve or disapprove any Minerals Agreement under IMDA; and
    (2) All projections, studies, data, or other information concerning 
a Minerals Agreement under IMDA, regardless of the date received, 
related to--
    (i) The terms, conditions, or financial return to the Indian 
parties;
    (ii) The extent, nature, value, or disposition of the Indian mineral 
resources; or
    (iii) The production, products, or proceeds thereof.
    (d) For information concerning Indian minerals not covered by 
paragraph (c) of this section--
    (1) BLM will withhold such records as may be withheld under an 
exemption to FOIA when it receives a request for information related to 
tribal or Indian minerals held in trust or subject to restrictions on 
alienation;
    (2) BLM will notify the Indian mineral owner(s) identified in the 
records of the Bureau of Indian Affairs (BIA), and BIA, and give them a 
reasonable period of time to state objections to disclosure, using the 
standards and procedures of Sec. 2.15(d) of this title, before making a 
decision about the applicability of FOIA exemption 4 to:
    (i) Information obtained from a person outside the United States 
Government; when
    (ii) Following consultation with a submitter under Sec. 2.15(d) of 
this title, BLM determines that the submitter does not have an interest 
in withholding the records that can be protected under FOIA; but
    (iii) BLM has reason to believe that disclosure of the information 
may result in commercial or financial injury to the Indian mineral 
owner(s), but is uncertain that such is the case.

[63 FR 52952, Oct. 1, 1998]



                     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

[[Page 372]]

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 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938" north latitude, 142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.

    (a) The following acreage shall not be included in computing 
accountable acreage:
    (1) Acreage under any lease any portion of which is committed to any 
Federally approved unit or cooperative plan or communitization 
agreement;
    (2) Acreage under any lease for which royalty (including 
compensatory royalty or royalty in-kind) was paid in the preceding 
calendar year; and
    (3) Acreage under leases subject to an operating, drilling or 
development contract approved by the Secretary.
    (b) Acreage subject to offers to lease, overriding royalties and 
payments out

[[Page 373]]

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; 71 
FR 14823, Mar. 24, 2006]



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 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

[[Page 374]]

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 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

[[Page 375]]

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 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]

[[Page 376]]



                 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 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.

[[Page 377]]

    (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 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 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

[[Page 378]]

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; 72 FR 50887, Sept. 
5, 2007]



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

[[Page 379]]

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 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 will be payable only on the mineral 
interest owned by the United States. Royalty must be paid in amount or 
value of the production removed or sold as follows:
    (1) For leases issued on or before January 17, 2017, the rate 
prescribed in the lease or in applicable regulations at the time of 
lease issuance;
    (2) For leases issued after January 17, 2017:
    (i) 12\1/2\ percent on all noncompetitive leases;
    (ii) A rate of not less than 12\1/2\ percent on all competitive 
leases, exchange and renewal leases, and leases issued in lieu of 
unpatented oil placer mining claims under Sec. 3108.2-4 of this title;
    (3) 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;
    (4) The rate used for royalty determination that appears in a lease 
that is reinstated or that is in force for competitive leases at the 
time of issuance of the lease that is reinstated, plus 4 percentage 
points, plus an additional 2 percentage points 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 will be 
determined pursuant to 43 CFR 3162.7-4.
    (d) Payment of a royalty on the helium component of gas will not 
convey the right to extract the helium from the gas stream. Applications 
for the right to extract helium from the gas stream will be made under 
part 16 of this title.

[81 FR 83077, Nov. 18, 2016, as amended at 81 FR 88634, Dec. 8, 2016]



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 or 
internet-based 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.

[[Page 380]]

    (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; 81 FR 59905, 
Aug. 31, 2016]



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 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 must be filed by the operator/payor in the proper BLM office. 
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; 75 FR 61626, Oct. 6, 2010]



Sec. 3103.4-2  Stripper well royalty reductions.

    (a) Certification. The applicable royalty rate shall be used by the 
operator/payor when submitting the required royalty reports/payments to 
ONRR. 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.
    (b) Record retention. For seven years after production on which the 
operator claims a royalty rate reduction for stripper well properties, 
the operator must retain and make available to BLM for inspection all 
documents on which the calculation of the applicable royalty rate under 
this section relies.
    (c) Agency action. If a royalty rate is improperly calculated, the 
MMS will calculate the correct rate and inform

[[Page 381]]

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 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.

[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; 70 FR 53074, Sept. 
7, 2005; 75 FR 61626, Oct. 6, 2010]



Sec. 3103.4-3  Heavy oil royalty reductions.

    (a) 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 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.
    (b) 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.

[61 FR 4750, Feb. 8, 1996, as amended at 75 FR 61626, Oct. 6, 2010]



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

[[Page 382]]

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 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

[[Page 383]]

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. 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

[[Page 384]]

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 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

[[Page 385]]

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 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

[[Page 386]]

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.

    BLM may approve consolidation of leases if we determine that there 
is sufficient justification and it is in the public interest. Each 
application for a consolidation of leases must include payment of the 
processing fee found in the fee schedule in Sec. 3000.12 of this 
chapter. 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 
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, as amended at 70 FR 58874, Oct. 7, 2005]



       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

[[Page 387]]

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  Fees.

    Each transfer of record title or of operating rights (sublease) for 
each lease must include payment of the processing fee for assignments 
and transfers found in the fee schedule in Sec. 3000.12 of this chapter. 
Each request for a transfer to an heir or devisee, request for a change 
of name, or notification of a corporate merger under Sec. 3106.8, must 
include payment of the processing fee for name changes, corporate 
mergers or transfers to heir/devisee found in the fee schedule in 
Sec. 3000.12 of this chapter. Each transfer of overriding royalty or 
payment out of production must include payment of the processing fee for 
overriding royalty transfers or payments out of productions found in the 
fee schedule in Sec. 3000.12 of this chapter for each lease to which it 
applies.

[70 FR 58874, Oct. 7, 2005]



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.



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

[[Page 388]]

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) Include with your mass transfer the processing fee for 
assignments and transfers found in the fee schedule in Sec. 3000.12 of 
this chapter for each such interest transferred for each lease.

[53 FR 17355, May 16, 1988, as amended at 70 FR 58874, Oct. 7, 2005]



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 party to a transfer holds legal or equitable title to a lease.



Sec. 3106.7-2  If I transfer my lease, what is my continuing 
obligation?

    (a) You are responsible for performing all obligations under the 
lease until the date BLM approves an assignment of your record title 
interest or transfer of your operating rights.
    (b) After BLM approves the assignment or transfer, you will continue 
to be responsible for lease obligations that accrued before the approval 
date, whether or not they were identified at the time of the assignment 
or transfer. This includes paying compensatory royalties for drainage. 
It also includes responsibility for plugging wells and abandoning 
facilities you drilled, installed, or used before the effective date of 
the assignment or transfer.

[66 FR 1892, Jan. 10, 2001]

[[Page 389]]



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. 3106.7-6  If I acquire a lease by an assignment or transfer,
what obligations do I agree to assume?

    (a) If you acquire record title interest in a Federal lease, you 
agree to comply with the terms of the original lease during your lease 
tenure. You assume the responsibility to plug and abandon all wells 
which are no longer capable of producing, reclaim the lease site, and 
remedy all environmental problems in existence and that a purchaser 
exercising reasonable diligence should have known at the time. You must 
also maintain an adequate bond to ensure performance of these 
responsibilities.
    (b) If you acquire operating rights in a Federal lease, you agree to 
comply with the terms of the original lease as it applies to the area or 
horizons in which you acquired rights. You must plug and abandon all 
unplugged wells, reclaim the lease site, and remedy all environmental 
problems in existence and that a purchaser exercising reasonable 
diligence should have known at the time you receive the transfer. You 
must also maintain an adequate bond to ensure performance of these 
responsibilities.

[66 FR 1892, Jan. 10, 2001]



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. Include the processing fee for 
transfers to heir/devisee found in the fee schedule in Sec. 3000.12 of 
this chapter with your request to transfer lease rights. 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.

[53 FR 17355, May 16, 1988, as amended at 70 FR 58874, Oct. 7, 2005]



Sec. 3106.8-2  Change of name.

    A change of name of a lessee shall be reported to the proper BLM 
office. Include the processing fee for name change found in the fee 
schedule in Sec. 3000.12 of this chapter with your notice of name 
change. 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.

[53 FR 17355, May 16, 1988, as amended at 70 FR 58874, Oct. 7, 2005]



Sec. 3106.8-3  Corporate merger.

    Where a corporate merger affects leases situated in a State where 
the transfer of property of the dissolving

[[Page 390]]

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. Include the processing fee for 
corporate merger found in the fee schedule in Sec. 3000.12 of this 
chapter with your notification of a corporate merger. 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.

[53 FR 17355, May 16, 1988, as amended at 70 FR 58874, Oct. 7, 2005]



             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

[[Page 391]]

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 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

[[Page 392]]

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.
    (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. The lessee must file an 
application to exchange a lease for a new lease, in triplicate, at the 
proper BLM office. The application must show full compliance by the 
applicant with the terms of the lease and applicable regulations, and 
must include payment of the processing fee for lease renewal or exchange 
found in the fee schedule in Sec. 3000.12 of this chapter. 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; 
70 FR 58874, Oct. 7, 2005]



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, 1983, as amended at 53 FR 22840, June 17, 1988]



Sec. 3107.8-2  Application.

    File your application to renew your lease in triplicate in the 
proper BLM office at least 90 days, but not more than 6 months, before 
your lease expires. Include the processing fee for lease renewal or 
exchange found in the fee schedule in Sec. 3000.12 of this chapter.

[70 FR 58874, Oct. 7, 2005]



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

[[Page 393]]

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 
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  As a lessee, may I relinquish my lease?

    You may relinquish your lease or any legal subdivision of your lease 
at any time. You must file a written relinquishment with the BLM State 
Office with jurisdiction over your lease. All lessees holding record 
title interests in the lease must sign the relinquishment. A 
relinquishment takes effect on the date you file it with BLM. However, 
you and the party that issued the bond will continue to be obligated to:
    (a) Make payments of all accrued rentals and royalties, including 
payments of compensatory royalty due for all drainage that occurred 
before the relinquishments;
    (b) Place all wells to be relinquished in condition for suspension 
or abandonment as BLM requires; and
    (c) Complete reclamation of the leased sites after stopping or 
abandoning oil and gas operations on the lease, under a plan approved by 
the appropriate surface management agency.

[66 FR 1892, Jan. 10, 2001]



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]

[[Page 394]]



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 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, the processing fee for lease 
reinstatement, Class I, found in the fee schedule in Sec. 3000.12 of 
this chapter, and the required rental, including any back rental that 
has accrued from the date of the termination of the lease, are 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; 70 
FR 58874, Oct. 7, 2005]



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) Leases that terminate on or before August 8, 2005, may be 
reinstated 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, whether by return of check or any form of 
actual notice; or
    (ii) Fifteen months after termination of the lease.
    (2) Leases that terminate after August 8, 2005 may be reinstated 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 last date that any lessee of record 
received Notice of Termination by certified mail; or
    (ii) Twenty four months after termination of the lease.
    (3) 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

[[Page 395]]

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 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, as amended at 71 FR 14823, Mar. 24, 2006]



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

[[Page 396]]

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 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

[[Page 397]]

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 
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

[[Page 398]]

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 oil and gas 
deposits underlying a right-of-way. The right-of-way owner or his/her 
transferee must file the application in the proper BLM office. Include 
the processing fee for leasing under right-of-way found in the fee 
schedule in Sec. 3000.12 of this chapter. If the transferee files an 
application, it must also include an executed transfer of the right to 
obtain a 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-of-way 
desired to be leased extends shall be described.

[53 FR 17357, May 16, 1988; 53 FR 22840, June 17, 1988; 70 FR 58874, 
Oct. 7, 2005]



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

[[Page 399]]

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.
    (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

[[Page 400]]

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.
3110.9-2  Form of offer.
3110.9-3  Fractional present and future interest.
3110.9-4  Future interest terms and conditions.

    Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq. and 351-
359; 31 U.S.C. 9701; 43 U.S.C. 1701 et seq.; Pub. L. 97-35 Stat. 357; 
and the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 
113-291, 128 Stat. 3762).

    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 or internet-based 
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; 81 FR 59905, 
Aug. 31, 2016]



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 or internet-based auction, or when formal 
nominations have been requested as specified in Sec. 3120.3-1 of this 
title, on the first

[[Page 401]]

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.

[53 FR 22840, June 17, 1988, as amended at 81 FR 59905, Aug. 31, 2016]



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]



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,

[[Page 402]]

omissions, or other changes, or advertising. The original copy of each 
offer must be typed or printed plainly in ink, signed in ink and dated 
by the offeror or an authorized agent, and must include payment of the 
first year's rental and the processing fee for noncompetitive lease 
applications found in the fee schedule in Sec. 3000.12 of this chapter. 
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 must include the processing fee for noncompetitive 
lease applications found in the fee schedule in Sec. 3000.12 of this 
chapter. 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, 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; 70 FR 58874, 
Oct. 7, 2005]



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.

[[Page 403]]



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 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

[[Page 404]]

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 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.

[[Page 405]]



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 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 or Internet-based 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: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq. and 351-
359; 40 U.S.C. 471 et seq.; 43 U.S.C. 1701 et seq.; the Attorney 
General's Opinion of April 2, 1941 (40 Op. Atty. Gen. 41); and the 
National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-
291, 128 Stat. 3762).

    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

[[Page 406]]

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).
    (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 or 
internet-based 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.

[53 FR 22843, June 17, 1988, as amended at 81 FR 59905, Aug. 31, 2016]



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

[[Page 407]]

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:
    (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 or internet-
based auction.

[81 FR 59905, Aug. 31, 2016]



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.

[[Page 408]]

    (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 or Internet-based auction.

    (a) Parcels shall be offered by oral or internet-based 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 or internet-based bid by 
a qualified bidder, equal to 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 or 
internet-based 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 or internet-based auction.

[53 FR 22843, June 17, 1988,, as amended at 81 FR 59905, Aug. 31, 2016]



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) The processing fee for competitive lease applications found in 
the fee schedule in Sec. 3000.12 of this chapter for each 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 or internet-based auction.

[53 FR 22843, June 17, 1988, as amended at 70 FR 58875, Oct. 7, 2005; 81 
FR 59906, Aug. 31, 2016]



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 land 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 or internet-based auction.
    (d) Issuance of the lease shall be consistent with Sec. 3110.7 (a) 
and (b) of this title.

[53 FR 22843, June 17, 1988, as amended at 81 FR 59906, Aug. 31, 2016]

[[Page 409]]



Sec. 3120.6  Parcels not bid on at auction.

    Lands offered at the oral or internet-based auction that received 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.

[81 FR 59906, Aug. 31, 2016]



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 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.

[[Page 410]]

                   Subpart 3133_Rentals and Royalties

3133.1  Rentals.
3133.2  Royalties.
3133.2-1  Minimum royalties.
3133.3  Under what circumstances will BLM waive, suspend, or reduce the 
          rental, royalty, or minimum royalty on my NPR-A lease?
3133.4  How do I apply for a waiver, suspension or reduction of rental, 
          royalty or minimum royalty for my NPR-A lease?

                      Subpart 3134_Bonding: General

3134.1  Bonding.
3134.1-1  Form of bond.
3134.1-2  Additional bonds.

   Subpart 3135_Transfers, Extensions, Consolidations, and Suspensions

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  Lease renewal.
3135.1-7  Consolidation of leases.
3135.1-8  Termination of administration for conveyed lands and 
          segregation.
3135.2  Under what circumstances will BLM require a suspension of 
          operations and production or approve my request for a 
          suspension of operations and production for my lease?
3135.3  How do I apply for a suspension of operations and production?
3135.4  When is a suspension of operations and production effective?
3135.5  When should I stop paying rental or royalty after BLM requires 
          or approves a suspension of operations and production?
3135.6  When will my suspension terminate?
3135.7  What effect does a suspension of operations and production have 
          on the term of my lease?
3135.8  If BLM requires a suspension or grants my request for a 
          suspension of operations and production for my lease, when 
          must I next pay advance annual rental, royalty, or minimum 
          royalty?

 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.

  Subpart 3137_Unitization Agreements_National Petroleum Reserve-Alaska

3137.5  What terms do I need to know to understand this subpart?

                                 General

3137.10  What benefits do I receive for entering into a unit agreement?
3137.11  What consultation must the BLM perform if lands in the unit 
          area are owned by a regional corporation or the State of 
          Alaska?

                               Application

3137.15  If the Federal lands constitute less than 10 percent of the 
          lands in the proposed unit area, is the unit agreement subject 
          to Federal regulations or approval?
3137.20  Is there a standard unit agreement form?
3137.21  What must I include in a NPR-A unit agreement?
3137.22  What are the size and shape requirements for a unit area?
3137.23  What must I include in my NPR-A unitization application?
3137.24  Why would BLM reject a unit agreement application?
3137.25  How will the parties to the unit know if BLM approves the unit 
          agreement?
3137.26  When is a unit agreement effective?
3137.27  What effect do subsequent contracts or obligations have on the 
          unit agreement?
3137.28  What oil and gas resources of committed tracts does the unit 
          agreement include?

                               Development

3137.40  What initial development obligations must I define in a unit 
          agreement?
3137.41  What continuing development obligations must I define in a unit 
          agreement?

                             Optional Terms

3137.50  What optional terms may I include in a unit agreement?
3137.51  Under what conditions does BLM permit multiple unit operators?
3137.52  How may I modify the unit agreement?

                  Unit Agreement Operating Requirements

3137.60  As the unit operator, what are my obligations?
3137.61  How do I change unit operators?
3137.62  What are my liabilities as a former unit operator?
3137.63  What are my liabilities after BLM approves me as the new unit 
          operator?
3137.64  As a unit operator, what must I do to prevent or compensate for 
          drainage?

                        Development Requirements

3137.70  What must I do to meet initial development obligations?

[[Page 411]]

3137.71  What must I do to meet continuing development obligations?
3137.72  What if reasons beyond my control prevent me from meeting the 
          initial or a continuing development obligation by the time the 
          unit agreement specifies?
3137.73  What will BLM do after I submit a plan to meet continuing 
          development obligations?
3137.74  What must I do after BLM approves my continuing development 
          obligations plan?
3137.75  May I perform additional development outside established 
          participating areas to fulfill continuing development 
          obligations?
3137.76  What happens if I do not meet a continuing development 
          obligation?

                           Participating Areas

3137.80  What are participating areas and how do they relate to the unit 
          agreement?
3137.81  What is the function of a participating area?
3137.82  What are productivity criteria?
3137.83  What establishes a participating area?
3137.84  What must I submit to BLM to establish a new participating 
          area, or modify an existing participating area?
3137.85  What is the effective date of a participating area?
3137.86  What happens to participating area when I obtain new 
          information demonstrating that the participating area should 
          be larger or smaller than previously determined?
3137.87  What must I do if there are unleased Federal tracts in a 
          participating area?
3137.88  What happens when a well outside a participating area does not 
          meet the productivity criteria?
3137.89  How does production allocation occur from wells that do not 
          meet the productivity criteria?
3137.90  Who must operate wells that do not meet the productivity 
          criteria?
3137.91  When will BLM allow a well previously determined to be a non-
          unit well to be used in establishing or modifying a PA?
3137.92  When does a participating area terminate?

                          Production Allocation

3137.100  How must I allocate production to the United States when a 
          participating area includes unleased Federal lands?

                       Obligations and Extensions

3137.110  Do the terms and conditions of a unit agreement modify Federal 
          lease stipulations?
3137.111  When will BLM extend the primary term of all leases committed 
          to a unit agreement or renew all leases committed to a unit 
          agreement?
3137.112  What happens if I am prevented from performing actual or 
          constructive drilling or reworking operations?

                           Change in Ownership

3137.120  As a transferee of an interest in a unitized NPR-A lease, am I 
          subject to the terms and conditions of the unit agreement?

                            Unit Termination

3137.130  Under what circumstances will BLM approve a voluntary 
          termination of the unit?
3137.131  What happens if the unit terminated before the unit operator 
          met the initial development obligations?
3137.132  What if I do not meet a continuing development obligation 
          before I establish any participating area in the unit?
3137.133  After participating areas are established, when does the unit 
          terminate?
3137.134  What happens to committed leases if the unit terminates?
3137.135  What are the unit operator's obligations after unit 
          termination?

                                 Appeals

3137.150  How do I appeal a decision that BLM issues under this subpart?

  Subpart 3138_Subsurface Storage Agreements in the National Petroleum 
                         Reserve-Alaska (NPR-A)

3138.10  When will BLM enter into a subsurface storage agreements in 
          NPR-A covering federally-owned lands?
3138.11  How do I apply for a subsurface storage agreement?
3138.12  What must I pay for storage?

    Authority: 42 U.S.C. 6508, 43 U.S.C. 1733 and 1740.

    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 412]]



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.
    (d) The Energy Policy Act of 2005 (42 U.S.C. 6506a(o)).

[46 FR 55497, Nov. 9, 1981, as amended at 73 FR 6442, Feb. 4, 2008]



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.
    (g) Production allocation methodology means a way of attributing the 
production of oil and gas produced from a unit well or wells to 
individual tracts committed to the unit and forming a participating 
area.
    (h) Reservoir heterogeneity means spatial differences in the oil and 
gas reservoir properties. This can include, but is not limited to, the 
thickness of the reservoir, the amount of pore space in the reservoir 
rock that contains oil, gas, or water, and the amount of water contained 
in the reservoir rock. This information may be used to allocate 
production.
    (i) Variation in reservoir producibility means differences in the 
rates oil and gas wells produce from the reservoir. These differences 
can result from variations in the thickness of the reservoir, porosity, 
and the amount of connected pore space.

[46 FR 55497, Nov. 9, 1981, as amended at 53 FR 17358, May 16, 1988; 73 
FR 6442, Feb. 4, 2008]



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

[[Page 413]]

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
    (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. 3162.2 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; 66 
FR 1892, Jan. 10, 2001]



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.

    The primary term of an NPR-A lease is 10 years.

[67 FR 17885, Apr. 11, 2002]

[[Page 414]]



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.



                      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.

[[Page 415]]

    (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);
    (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) Make payments of bonuses, including deferred bonuses, first 
year's rental, other payments due upon lease issuance, and fees, to 
BLM's Alaska State Office. Before we issue a lease, the highest bidder 
must pay the processing fee for competitive lease applications found in 
the fee schedule in Sec. 3000.12 of this chapter in addition to other 
remaining bonus and rental payments. 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; 70 
FR 58875, Oct. 7, 2005]



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

[[Page 416]]

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 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

[[Page 417]]

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]



Sec. 3133.3  Under what circumstances will BLM waive, suspend, 
or reduce the rental, royalty, or minimum royalty on my NPR-A lease?

    (a) BLM will waive, suspend, or reduce the rental or minimum royalty 
or reduce the royalty rate on your lease if BLM finds that--
    (1) It encourages the greatest ultimate recovery of oil or gas or it 
is in the interest of conservation; and
    (2) It is necessary to promote development or the BLM determines the 
lease cannot be successfully operated under the terms of the lease.
    (b) The BLM will consult with the State of Alaska and the North 
Slope Borough within 10 days of receiving an application for waiver, 
suspension, or reduction of rental or minimum royalty, or reduction of 
the royalty rate and will not approve an application under Sec. 3133.4 
of this subpart until at least 30 days after the consultation.
    (c) If your lease includes land that was made available for 
acquisition by a regional corporation (as defined in 43 U.S.C. 1602) 
under the provision of Section 1431(o) of the Alaska National Interest 
Lands Conservation Act (ANILCA) (16 U.S.C. 3101 et seq.), the BLM will 
only approve a waiver, suspension, or reduction of rental or minimum 
royalty, or reduction of the royalty rate if the regional corporation 
concurs.

[67 FR 17885, Apr. 11, 2002, as amended at 73 FR 6442, Feb. 4, 2008]



Sec. 3133.4  How do I apply for a waiver, suspension or reduction 
of rental, royalty or minimum royalty for my NPR-A lease?

    (a) Submit to BLM your application and in it describe the relief you 
are requesting and include--
    (1) The lease serial number;
    (2) The number, location and status of each well drilled;
    (3) A statement that shows the aggregate amount of oil or gas 
subject to royalty for each month covering a period of at least six 
months immediately before the date you filed the application;
    (4) The number of wells counted as producing each month and the 
average production per well per day;
    (5) A detailed statement of expenses and costs of operating the 
entire lease, including the amount of any overriding royalty and 
payments out of production or similar interests applicable to your 
lease;
    (6) All facts that demonstrate the waiver, suspension, or reduction 
of the rental or minimum royalty, or the reduction of the royalty rate 
encourages the greatest ultimate recovery of oil or gas or it is in the 
interest of conservation; and
    (7) All facts that demonstrate you cannot successfully operate the 
lease under the terms of the lease;
    (8) Any other information BLM requires.
    (b) Your application must be signed by--
    (1) All record title holders of the lease; or
    (2) By the operator on behalf of all record title holders.

[67 FR 17885, Apr. 11, 2002, as amended at 73 FR 6442, Feb. 4, 2008]



                      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

[[Page 418]]

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 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 bonding in accordance with Sec. 3104.5(b) of this chapter.
    (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; 73 
FR 6442, Feb. 4, 2008]



   Subpart 3135_Transfers, Extensions, Consolidations, and Suspensions



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.

[[Page 419]]

    (f) 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.

[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 that the 
regulations require you to file must include the processing fee for 
assignments and transfers found in the fee schedule in Sec. 3000.12 of 
this chapter. Any document that the regulations in this part do not 
require you to file, but that you submit for record purposes, must also 
include the processing fee for assignments and transfers found in the 
fee schedule in Sec. 3000.12 of this chapter for 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; 70 
FR 58875, Oct. 7, 2005]



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. The BLM will not approve 
transfers of a tract of land:
    (1) Of less than 640 acres that is not compact; or
    (2) That would leave a retained tract of less than 640 acres.
    (b) Each segregated lease shall continue in full force and effect 
for the primary term of the original lease and so long thereafter as the 
activities on the segregated lease support extension in accordance with 
Sec. 3135.1-5.

[73 FR 6442, Feb. 4, 2008]



Sec. 3135.1-5  Extension of lease.

    (a) The term of a lease shall be extended beyond its primary term:
    (1) So long as oil or gas is produced from the lease in paying 
quantities;
    (2) If the BLM has determined in writing that oil or gas is capable 
of being produced in paying quantities from the lease; or
    (3) So long as drilling or reworking operations, actual or 
constructive, as approved by the BLM, are conducted thereon.
    (b) Your lease will expire on the 30th anniversary of the original 
issuance date of the lease unless oil or gas is

[[Page 420]]

being produced in paying quantities. If your lease contains a well that 
is capable of production, but you fail to produce the oil or gas due to 
circumstances beyond your control, you may apply for a suspension under 
Sec. 3135.2. If the BLM approves the suspension, the lease will not 
expire on the 30th anniversary of the original issuance date of the 
lease.
    (c) A lease may be maintained in force by the BLM-approved 
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 the leased area through 
any directional well surfaced on adjacent or adjoining lands. 
Production, drilling or reworking of any such directional well shall be 
considered production or drilling or reworking operations on the lease 
area for all purposes of the lease.

[73 FR 6442, Feb. 4, 2008]



Sec. 3135.1-6  Lease renewal.

    (a) With a discovery--(1) At any time after the fifth year of the 
primary term of a lease, the BLM may approve a 10-year lease renewal for 
a lease on which there has been a well drilled and a discovery of 
hydrocarbons even if the BLM has determined that the well is not capable 
of producing oil or gas in paying quantities. The BLM must receive the 
lessee's application for lease renewal no later than 60 days prior to 
the expiration of the primary term of the lease.
    (2) The renewal application must provide evidence, and a 
certification by the lessee, that the lessee or its operator has drilled 
one or more wells and discovered producible hydrocarbons on the leased 
lands in such quantities that a prudent operator would hold the lease 
for potential future development.
    (3) The BLM will approve the renewal application if it determines 
that a discovery was made and that a prudent operator would hold the 
lease for future development.
    (4) The lease renewal will be effective on the day following the end 
of the primary term of the lease.
    (5) The lease renewal may be approved on the condition that the 
lessee drills one or more additional wells or acquires and analyzes more 
well data, seismic data, or geochemical survey data prior to the end of 
the primary term.
    (b) Without a discovery--(1) At any time after the fifth year of the 
primary term of a lease, the BLM may approve an application for a 10-
year lease renewal for a lease on which there has not been a discovery 
of oil or gas. The BLM must receive the lessee's application no later 
than 60 days prior to the expiration of the primary term of the lease.
    (2) The renewal application must:
    (i) Provide sufficient evidence that the lessee has diligently 
pursued exploration that warrants continuation of the lease with the 
intent of continued exploration or future potential development of the 
leased land. The application must show the:
    (A) Lessee or its operator has drilled one or more wells or has 
acquired and analyzed seismic data, or geochemical survey data on a 
significant portion of the leased land since the lease was issued;
    (B) Data collected indicates a reasonable probability of future 
success; and
    (C) Lessee's plans for future exploration; or
    (ii) Show that all or part of the lease is part of a unit agreement 
covering a lease that qualifies for renewal without a discovery and that 
the lease has not been previously contracted out of the unit.
    (3) The BLM will approve the renewal application if it determines 
that the application satisfies the requirements of paragraph (b)(2)(i) 
or (ii) of this section. If the BLM approves the application for lease 
renewal, the applicant must submit to the BLM a fee of $100 per acre 
within 5 business days of receiving notification of approval.
    (4) The lease renewal will be effective on the day following the end 
of the primary term of the lease.
    (5) The lease renewal may be approved on the condition that the 
lessee drills one or more additional wells or acquires and analyzes more 
well data, seismic data or geochemical survey

[[Page 421]]

data prior to the end of the primary term.
    (c) Renewed lease. The renewed lease will be subject to the terms 
and conditions applicable to new oil and gas leases issued under the 
Integrated Activity Plan in effect on the date that the BLM issues the 
decision to renew the lease.

[73 FR 6442, Feb. 4, 2008]



Sec. 3135.1-7  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. Include with each 
request for a consolidation of leases the processing fee found in the 
fee schedule in Sec. 3000.12 of this chapter.
    (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 will be those of the oldest original lease 
involved in the consolidation. The term of a consolidated lease may be 
extended, or renewed, as appropriate, beyond the primary lease term 
under Sec. 3135.1-5 or Sec. 3135.1-6.
    (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. The highest royalty and rental rates of the original 
leases shall apply to the consolidated lease.

[48 FR 413, Jan. 5, 1983, as amended at 70 FR 58875, Oct. 7, 2005. 
Redesignated and amended at 73 FR 6442, 6443, Feb. 4, 2008]



Sec. 3135.1-8  Termination of administration for conveyed lands
and segregation.

    (a) If all of the mineral estate is conveyed to a regional 
corporation, the regional corporation will assume the lessor's 
obligation to administer any oil and gas lease.
    (b) If a conveyance of the mineral estate does not include all of 
the land covered by an oil and gas lease, the lease will be segregated 
into two leases, one of which will cover only the mineral estate 
conveyed. The regional corporation will assume administration of the 
lease covering the conveyed mineral estate.
    (c) If the regional corporation assumes administration of a lease 
under paragraph (a) or (b) of this section, all lease terms, BLM 
regulations, and BLM orders in effect on the date of assumption continue 
to apply to the lessee under the lease. All such obligations will be 
enforceable by the regional corporation as the lessor until the lease 
terminates.
    (d) In a case in which a conveyance of a mineral estate described in 
paragraph (b) of this section does not include all of the land covered 
by the oil and gas lease, the owner of the mineral estate in any 
particular portion of the land covered by the lease is entitled to all 
of the revenues reserved under the lease as to that portion including 
all of the royalty payable with respect to oil or gas produced from or 
allocated to that portion.

[73 FR 6443, Feb. 4, 2008]



Sec. 3135.2  Under what circumstances will BLM require a suspension
of operations and production or approve my request for a suspension
of operations and production for my lease?

          
    (a) BLM will require a suspension of operations and production or 
approve your request for a suspension of operations and production for 
your lease(s) if BLM determines that--
    (1) It is in the interest of conservation of natural resources;
    (2) It encourages the greatest ultimate recovery of oil and gas, 
such as by encouraging the planning and construction of a transportation 
system to a new area of discovery; or

[[Page 422]]

    (3) It mitigates reasonably foreseeable and significantly adverse 
effects on surface resources.
    (b) BLM will suspend operations and production for your lease if it 
determines that, despite the exercise of due care and diligence, you 
can't comply with your lease requirements for reasons beyond your 
control.
    (c) If BLM requires a suspension of operations and production or 
approves your request for a suspension of operations and production, the 
suspension--
    (1) Stops the running of your lease term and prevents it from 
expiring for as long as the suspension is in effect;
    (2) Relieves you of your obligation to pay rent, royalty, or minimum 
royalty during the suspension; and
    (3) Prohibits you from operating on, producing from, or having any 
other beneficial use of your lease during the suspension. However, you 
must continue to perform necessary maintenance and safety activities.

[67 FR 17886, Apr. 11, 2002]



Sec. 3135.3  How do I apply for a suspension of operations and 
production?

    (a) You must submit to BLM an application stating the circumstances 
that are beyond your reasonable control that prevent you from operating 
or producing your lease(s).
    (b) Your suspension application must be signed by--
    (1) All record title holders of the lease; or
    (2) The operator on behalf of the record title holders of the leases 
committed to an approved agreement.
    (c) You must submit your application to BLM before your lease 
expires.
    (d) Your application must be for your entire lease.

[67 FR 17886, Apr. 11, 2002]



Sec. 3135.4  When is a suspension of operations and production 
effective?

    A suspension of operations and production is effective--
    (a) The first day of the month in which you file the application for 
suspension or BLM requires the suspension; or
    (b) Any other date BLM specifies in the decision document.

[67 FR 17886, Apr. 11, 2002]



Sec. 3135.5  When should I stop paying rental or royalty after
BLM requires or approves a suspension of operations and production ?

    You should stop paying rental or royalty on the first day of the 
month that the suspension is effective. However, if there is any 
production sold or removed during that month, you must pay royalty on 
that production.

[67 FR 17886, Apr. 11, 2002]



Sec. 3135.6  When will my suspension terminate?

    (a) Your suspension terminates--
    (1) On the first day of the month in which you begin to operate or 
produce on your lease with BLM approval; or
    (2) The date BLM specifies in a written notice to you.
    (b) You must notify BLM at least 24 hours before you begin 
operations or production under paragraph (a)(1) of this section.

[67 FR 17886, Apr. 11, 2002]



Sec. 3135.7  What effect does a suspension of operations and
production have on the term of my lease?

    (a) Primary term. If BLM grants a suspension of operations and 
production for your lease, the suspension stops the running of the 
primary term of your lease for the period of the suspension.
    (b) Extended term. If your lease is in its extended term, a 
suspension holds your lease in its extended term for the period of the 
suspension as if it were in production.

[67 FR 17886, Apr. 11, 2002]



Sec. 3135.8  If BLM requires a suspension or grants my request 
for a suspension of operations and production for my lease, when
must I next pay advance annual rental, royalty, or minimum royalty?
          

    (a) You are not required to submit your next rental or minimum 
royalty payment until the date the suspension terminates. Therefore, if 
your suspension begins in month 3 of lease year A and ends in month 2 of 
lease year B, you must submit your rental payment

[[Page 423]]

for lease year B when your suspension ends. BLM will send a written 
notice to the lessee and operator stating that the suspension is 
terminated and the date your rental payment for lease year B is due to 
MMS. BLM's notice also will state when you must pay any minimum royalty 
due for lease year A. Your minimum royalty for lease year B will be due 
at the end of that year.
    (b) If you remove or sell any production from the lease during the 
term of the suspension, you must pay royalty on that production.

[67 FR 17886, Apr. 11, 2002]



 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.



  Subpart 3137_Unitization Agreements_National Petroleum Reserve-Alaska

    Source: 67 FR 17886, Apr. 11, 2002, unless otherwise noted.



Sec. 3137.5  What terms do I need to know to understand this subpart?

    As used in this subpart--
    Actual drilling means operations you conduct that are similar to 
those that a person seriously looking for oil or gas could be expected 
to conduct in that particular area, given the existing knowledge of 
geologic and other pertinent facts about the area to be drilled. The 
term includes the testing, completing, or equipping of the drill hole 
(casing, tubing, packers, pumps, etc.) so that it is capable of 
producing oil or gas. Actual drilling operations do not include 
preparatory or preliminary work such as grading roads and well sites, or 
moving equipment onto the lease.
    Actual production means oil or gas flowing from the wellbore into 
treatment or sales facilities.
    Actual reworking operations means reasonably continuous well-bore 
operations such as fracturing, acidizing, and tubing repair.
    Committed tract means--
    (1) A Federal lease where all record title holders and all operating 
rights owners have agreed to the terms and conditions of a unit 
agreement, committed their interest to the unit; or
    (2) A State lease or private parcel of land where all oil and gas 
lessees and

[[Page 424]]

all operating rights owners or the owners of unleased minerals have 
agreed to the terms and conditions of a unit agreement.
    Constructive drilling means those activities that are necessary to 
prepare for actual drilling that occur after BLM approves an application 
to drill, but before you actually drill the well. These include, but are 
not limited to, activities such as road and well pad construction, and 
drilling rig and equipment set-up.
    Constructive reworking operations means activities that are 
necessary to prepare for well-bore operations. These may include rig and 
equipment set-up and pit construction.
    Continuing development obligations means a program of development or 
operations you conduct that, after you complete initial obligations 
defined in a unit agreement--
    (1) Meets or exceeds the rate of non-unit operations in the vicinity 
of the unit; and
    (2) Represents an investment proportionate to the size of the area 
covered by the unit agreement.
    Drainage means the migration of hydrocarbons, inert gases (other 
than helium), or associated resources caused by production from other 
wells.
    NPR-A lease means any oil and gas lease within the boundaries of the 
NPR-A, issued and administered by the United States under the Naval 
Petroleum Reserves Production Act of 1976, as amended (42 U.S.C. 6501-
6508), that authorizes exploration for and removal of oil and gas.
    Operating rights (working interest) means any interest you hold that 
allows you to explore for, develop, and produce oil and gas.
    Participating area means those committed tracts or portions of those 
committed tracts within the unit area that are proven to be productive 
by a well meeting the productivity criteria specified in the unit 
agreement.
    Primary target means the principal geologic formation that you 
intend to develop and produce.
    Producible interval means any pool, deposit, zone, or portion 
thereof capable of producing oil or gas.
    Record title means legal ownership of an oil and gas lease recorded 
in BLM's records.
    Tract means land that may be included in an NPR-A oil and gas unit 
agreement and that may or may not be in a Federal lease.
    Unit agreement means a BLM-approved agreement to cooperate in 
exploring, developing, operating and sharing in production of all or 
part of an oil or gas pool, field or like area, including at least one 
NPR-A lease, without regard to lease boundaries and ownership.
    Unit area means all tracts committed to a BLM-approved unit. Tracts 
not committed to the unit, even though they may be within the external 
unit boundary, are not part of the unit area.
    Unit operations are all activities associated with exploration, 
development drilling, and production operations the unit operator(s) 
conducts on committed tracts.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6443, Feb. 4, 2008]

                                 General



Sec. 3137.10  What benefits do I receive for entering into a unit
agreement?

    (a) Each individual tract committed to the unit agreement meets its 
full performance obligation if one or more tracts in the unit meets the 
development or production requirements;
    (b) Production from a well that meets the productivity criteria (see 
Sec. 3137.82 of this subpart) under the unit agreement extends the term 
of all NPR-A leases committed to the unit agreement as provided in 
Sec. 3137.111 of this subpart;
    (c) You may drill within the unit without regard to certain lease 
restrictions, such as lease boundaries within the unit and spacing 
offsets; and
    (d) You may consolidate operations and permitting and reporting 
requirements.



Sec. 3137.11  What consultation must the BLM perform if lands in the
unit area are owned by a regional corporation or the State of Alaska?

    If the BLM administers a unit containing tracts where the mineral 
estate is owned by a regional corporation or

[[Page 425]]

the State of Alaska, or if a proposed unit contains tracts where the 
mineral estate is owned by a regional corporation or the State of 
Alaska, the BLM will consult with and provide opportunities for 
participation in negotiations with respect to the creation or expansion 
of the unit by--
    (a) The regional corporation, if the unit acreage contains the 
regional corporation's mineral estate; or
    (b) The State of Alaska, if the unit acreage contains the state's 
mineral estate.

[73 FR 6443, Feb. 4, 2008]

                               Application



Sec. 3137.15  If the Federal lands constitute less than 10 percent
of the lands in the proposed unit area, is the unit agreement subject
to Federal regulations or approval?
          

    If the Federal lands constitute less than 10 percent of the lands in 
the proposed unit area--
    (a) You may use a unit agreement approved by the State and/or a 
native corporation;
    (b) BLM will authorize commitment of the Federal lands to the unit 
if it determines that the unit agreement protects the public interest; 
or
    (c) As unit operator you may ask BLM to approve and administer the 
unit. If BLM agrees to approve and administer the unit, you must follow, 
and BLM will administer, the regulations in this subpart and 43 CFR part 
3160.



Sec. 3137.20  Is there a standard unit agreement form?

    There is no standard unit agreement form. BLM will accept any unit 
agreement format if it protects the public interest and includes the 
mandatory terms required in Sec. 3137.21 of this subpart.



Sec. 3137.21  What must I include in an NPR-A unit agreement?

    (a) Your NPR-A unit agreement must include--
    (1) A description of the unit area and any geologic and engineering 
factors upon which you are basing the area;
    (2) Initial and continuing development obligations (see 
Secs. 3137.40 and 3137.41 of this subpart);
    (3) The anticipated participating area size and well locations (see 
Sec. 3137.80(b) of this subpart);
    (4) A provision that acknowledges BLM's authority to set or modify 
the quantity, rate, and location of development and production; and
    (5) A provision that acknowledges the BLM consulted with and 
provided opportunities for participation in the creation of the unit and 
a provision that acknowledges that the BLM will consult with and provide 
opportunities for participation in the expansion of the unit by --
    (A) The regional corporation, if the unit acreage contains the 
regional corporation's mineral estate; or
    (B) The State of Alaska, if the unit acreage contains the state's 
mineral estate.
    (6) Any optional terms which are authorized in Sec. 3137.50 of this 
subpart that you choose to include in the unit agreement.
    (b) You must include in the unit agreement any additional terms and 
conditions that result from consultation with BLM. After your initial 
application, BLM may request additional supporting documentation.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6443, Feb. 4, 2008]



Sec. 3137.22  What are the size and shape requirements for a unit 
area?

    (a) The unit area must--
    (1) Consist of tracts, each of which must be contiguous to at least 
one other tract in the unit, that are located so that you can perform 
operations and production in an efficient and logical manner; and
    (2) Include at least one NPR-A lease.
    (b) BLM may limit the size and shape of the unit considering the 
type, amount and rate of the proposed development and production and the 
location of the oil or gas.



Sec. 3137.23  What must I include in my NPR-A unitization application?

    Your unitization application to BLM must include--
    (a) The proposed unit agreement;
    (b) A map showing the proposed unit area;
    (c) A list of committed tracts including, for each tract, the--

[[Page 426]]

    (1) Legal land description and acreage;
    (2) Names of persons holding record title interest;
    (3) Names of persons owning operating rights; and
    (4) Name of the unit operator.
    (d) A statement certifying--
    (1) That you invited all owners of oil and gas rights (leased or 
unleased) and lease interests (record title and operating rights) within 
the external boundary of the unit area described in the application to 
join the unit;
    (2) That there are sufficient tracts committed to the unit agreement 
to reasonably operate and develop the unit area;
    (3) The commitment status of all tracts within the area proposed for 
unitization; and
    (4) That you accept unit obligations under Sec. 3137.60 of this 
subpart.
    (e) Evidence of acceptable bonding;
    (f) A discussion of reasonably foreseeable and significantly adverse 
effects on the surface resources of NPR-A and how unit operations may 
reduce impacts compared to individual lease operations;
    (g) A discussion of the proposed methodology for allocating 
production among the committed tracts. If the unit includes non-Federal 
oil and gas mineral estate, you must explain how the methodology takes 
into account reservoir heterogeneity and area variation in reservoir 
producibility; and
    (h) Other documentation BLM may request. BLM may require additional 
copies of maps, plats, and other similar exhibits.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6444, Feb. 4, 2008]



Sec. 3137.24  Why would BLM reject a unit agreement application?

    BLM will reject a unit agreement application--
    (a) That does not address all mandatory terms, including those 
required under Sec. 3137.21(b) of this subpart;
    (b) If the unit operator--
    (1) Has an unsatisfactory record of complying with applicable laws, 
regulations, the terms of any lease or permit, or the requirements of 
any notice or order; or
    (2) Is not qualified to operate within NPR-A under applicable laws 
and regulations;
    (c) That does not conserve natural resources;
    (d) That is not in the public interest;
    (e) That does not comply with any special conditions in effect for 
any part of the NPR-A that the unit or any lease subject to the unit 
would affect; or
    (f) That does not comply with the requirements of this subpart.



Sec. 3137.25  How will the parties to the unit know if BLM approves
the unit agreement?

    BLM will notify the unit operator in writing when it approves or 
disapproves the proposed unit agreement. The unit operator must notify, 
in writing, all parties to the unit agreement within 30 calendar days 
after receiving BLM's notice of approval or disapproval.



Sec. 3137.26  When is a unit agreement effective?

    The unit agreement is effective on the date BLM approves it.



Sec. 3137.27  What effect do subsequent contracts or obligations
have on the unit agreement?

    No subsequent contract or obligation--
    (a) Modifies the terms or conditions of the unit agreement; or
    (b) Relieves the unit operator of any right or obligation under the 
unit agreement.



Sec. 3137.28  What oil and gas resources of committed tracts does 
the unit agreement include?

    A unit agreement includes all oil and gas resources of committed 
tracts unless BLM approves unit agreement terms to the contrary pursuant 
to Sec. 3137.50 of this subpart.

                               Development



Sec. 3137.40  What initial development obligations must I define 
in a unit agreement?

    Your unit agreement must define--
    (a) The number of wells you anticipate will be necessary to assess 
the reservoir adequately;
    (b) A primary target for each well;

[[Page 427]]

    (c) A schedule for starting and completing drilling operations for 
each well; and
    (d) The time between starting operations on a well to the start of 
operations on the next well.



Sec. 3137.41  What continuing development obligations must I define 
in a unit agreement?

    A unit agreement must provide for submission of supplemental or 
additional plans of development which obligate the operator to a program 
of exploration and development (see Sec. 3137.71 of this subpart) that, 
after completion of the initial obligations --
    (a) Meets or exceeds the rate of non-unit operations in the vicinity 
of the unit; and
    (b) Represents an investment proportionate to the size of the area 
covered by the unit agreement.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6444, Feb. 4, 2008]

                             Optional Terms



Sec. 3137.50  What optional terms may I include in a unit agreement?

    BLM may approve the following optional terms for a unit agreement if 
they promote additional development or enhanced production potential--
    (a) Limiting the unit agreement to certain formations and their 
intervals;
    (b) Multiple unit operators (see Sec. 3137.51 of this subpart);
    (c) Allowing modification of the unit agreement terms if less than 
100 percent of the parties to the unit agreement (see Sec. 3137.52 of 
this subpart) agree to the modification; or
    (d) Other terms that BLM determines will promote the greatest 
economic recovery of oil and gas consistent with applicable law.



Sec. 3137.51  Under what conditions does BLM permit multiple unit 
operators?

    BLM permits multiple unit operators only if the unit agreement 
defines--
    (a) The conditions under which additional unit operators are 
acceptable;
    (b) The responsibilities of the different operators, including 
obtaining BLM approvals, reporting, paying Federal royalties and 
conducting operations;
    (c) Which unit operators are obligated to ensure bond coverage for 
each NPR-A lease in the unit;
    (d) The consequences if one or more unit operators defaults. For 
example, if an operator defaults, the unit agreement would list which 
unit operators would conduct that operator's operations and ensure 
bonding of those operations; and
    (e) Which unit operator is responsible for unit obligations not 
specifically assigned in the unit agreement.



Sec. 3137.52  How may I modify the unit agreement?

    (a) You may modify a unit agreement if--
    (1) All current parties to the unit agreement agree to the 
modification; or
    (2) You meet the requirements of the modification provision in the 
unit agreement. The modification provision must identify which parties, 
and what percentage of those parties, must consent to each type of 
modification.
    (b) You must submit to BLM an application for modification. The 
application must include the following--
    (1) The operator must certify that the necessary parties have agreed 
to the modification; and
    (2) If the unit agreement modification alters the current allocation 
schedule, you must submit to BLM both a--
    (i) Description of the new allocation methodology; and
    (ii) New allocation schedule.
    (c) A modification is not effective unless BLM approves it. After 
BLM approves the modification, it is effective retroactively to the date 
you filed a complete application for modification. However, BLM may 
approve a different effective date if you request it and provide 
acceptable justification.
    (d) BLM will reject modifications that do not comply with BLM 
regulations or applicable law.

                  Unit Agreement Operating Requirements



Sec. 3137.60  As the unit operator, what are my obligations?

    As the unit operator--

[[Page 428]]

    (a) You must comply with the terms and conditions of the unit 
agreement, Federal laws and regulations, lease terms and stipulations, 
and BLM notices and orders;
    (b) You must provide to BLM evidence of acceptable bonding. 
Acceptable bonding means a bond in an amount which is no less than the 
sum of the individual Federal bonding requirements for each of the NPR-A 
leases committed to the unit. You may also meet this requirement if you 
add the unit operator as a principal to lease bonds to reach the 
required amount; and
    (c) The bond must be payable to the Secretary of the Interior.



Sec. 3137.61  How do I change unit operators?

    (a) To change unit operators, the new unit operator must submit to 
BLM--
    (1) Statements that--
    (i) It accepts unit obligations; and
    (ii) The percentage of required interest owners consented to a 
change of unit operator; and
    (2) Evidence of acceptable bonding (see Sec. 3137.60(b) of this 
subpart).
    (b) The effective date of the change in unit operator is the date 
BLM approves the new unit operator.



Sec. 3137.62  What are my liabilities as a former unit operator?

    You are responsible for all duties and obligations of the unit 
agreement that accrued while you were unit operator up to the date BLM 
approves a new unit operator.



Sec. 3137.63  What are my liabilities after BLM approves me as the 
new unit operator?

    (a) After BLM approves the change in unit operator, you, as the new 
unit operator, assume full liability, jointly and severally with the 
record title and operating rights owners, except as otherwise provided 
in paragraph (c) of this section and to the extent permitted by law, 
for--
    (1) Compliance with the terms and conditions of the unit agreement, 
Federal laws and regulations, lease terms and stipulations, and BLM 
notices and orders;
    (2) Plugging unplugged wells and reclaiming unreclaimed facilities 
that were installed or used before the effective date of the change in 
unit operator (this liability is joint and several with the former unit 
operator); and
    (3) Those liabilities accruing during the time you are unit 
operator.
    (b) Your liability includes, but is not limited to--
    (1) Rental and royalty payments;
    (2) Protecting the unit from loss due to drainage as provided in 
Sec. 3137.64 of this subpart;
    (3) Well plugging and abandonment;
    (4) Surface reclamation;
    (5) All environmental remediation or restoration required by law, 
regulations, lease terms, or conditions of approval; and
    (6) Other requirements related to unit operations.
    (c) Your liability for royalty and other payments on the unit is 
limited by section 102(a) of the Federal Oil and Gas Royalty Management 
Act of 1982, as amended (30 U.S.C. 1712(a)).



Sec. 3137.64  As a unit operator, what must I do to prevent or
compensate for drainage?

    You must prevent uncompensated drainage of oil and gas from unit 
land by wells on land not subject to the unit agreement. Permissible 
means of satisfying the obligation include--
    (a) Drilling a protective well if it is economically feasible. For 
this subpart, economically feasible means producing a sufficient 
quantity of oil or gas from a protective well in the unit for a 
reasonable profit above the cost of drilling, completing and operating 
the protective well;
    (b) Paying compensatory royalty;
    (c) Forming other agreements, or modifying existing agreements, that 
allow the tracts committed to the unit agreement to share in production 
after the effective date of the new or modified agreement; or
    (d) BLM may require additional measures to prevent uncompensated 
drainage.

[[Page 429]]

                        Development Requirements



Sec. 3137.70  What must I do to meet initial development obligations?

    (a) To meet initial development obligations by the time specified in 
your unit agreement you must--
    (1) Drill the required test well(s) to the primary target;
    (2) Drill at least one well that meets the productivity criteria 
(see Sec. 3137.82 of this subpart); or
    (3) Establish, to BLM's satisfaction, that further drilling to meet 
the productivity criteria is unwarranted or impracticable.
    (b) You must certify to BLM that you met initial development 
obligations no later than 60 calendar days after meeting the 
obligations. BLM may require you to supply documentation that supports 
your certification.



Sec. 3137.71  What must I do to meet continuing development
obligations?

    (a) Once you meet initial development obligations, you must perform 
additional development. Work you did before meeting initial development 
obligations is not continuing development. Continuing development 
includes the following operations--
    (1) Drilling, testing, or completing additional wells to the primary 
target or other unit formations;
    (2) Drilling or completing additional wells that establish 
production of oil and gas;
    (3) Recompleting wells or other operations that establish new unit 
production; or
    (4) Drilling existing wells to a deeper target.
    (b) No later than 90 calendar days after meeting initial development 
obligations, submit to BLM a plan that describes how you will meet 
continuing development obligations. You must submit to BLM updated 
continuing obligation plans as soon as you determine that, for whatever 
reason, the plan needs amending.
    (1) If you have drilled a well that meets the productivity criteria, 
your plan must describe the activities to fully develop the oil and gas 
field.
    (2) If you fulfilled your initial development obligations, but did 
not establish a well that meets the productivity criteria, your plan 
must describe the further actual or constructive drilling operations you 
will conduct.



Sec. 3137.72  What if reasons beyond my control prevent me from
meeting the initial or a continuing development obligation by the
time the unit agreement specifies?

    (a) If reasons beyond your control prevent you from meeting the 
initial or a continuing development obligation by the time specified in 
the unit agreement, you may apply to BLM for an extension of time for 
meeting those obligations. You must submit the request for an extension 
of time before the date the obligation is due to be met. In the 
application-
    (1) State the obligation for which you are requesting an extension;
    (2) List the reasons beyond your control that prevent you from 
performing the obligation; and
    (3) State when you expect the reasons beyond your control to 
terminate.
    (b) BLM will grant an extension of time to meet initial or 
continuing development obligations if we determine that-
    (1) The extension encourages the greatest ultimate recovery of oil 
or gas or it is in the interest of conservation; and
    (2) The reasons beyond your control prevent you from performing the 
initial or a continuing development obligation.
    (c) The extension of time for performing the initial or a continuing 
development obligation will continue for so long as the conditions 
giving rise to the extension continue to exist.



Sec. 3137.73  What will BLM do after I submit a plan to meet
continuing development obligations?

    Within 30 calendar days after receiving your proposed plan, BLM will 
notify you in writing that we--
    (a) Approved your plan;
    (b) Rejected your plan and explain why. This will include an 
explanation of how you should correct the plan to come into compliance; 
or
    (c) Have not acted on the plan, explaining the reasons and when you 
can expect a final response.

[[Page 430]]



Sec. 3137.74  What must I do after BLM approves my continuing 
development obligations plan?

    No later than 90 calendar days after BLM's approval of your plan 
submitted under 3137.71(b), you must certify to BLM that you started 
operations to fulfill your continuing development obligations. BLM may 
require you to--
    (a) Supply documentation to support your certification; and
    (b) Submit periodic reports that demonstrate continuing development.



Sec. 3137.75  May I perform additional development outside established 
participating areas to fulfill continuing development obligations?

    You may perform additional development either within or outside a 
participating area, depending on the terms of the unit agreement.



Sec. 3137.76  What happens if I do not meet a continuing development
obligation?

    (a) After you establish a participating area, if you do not meet a 
continuing development obligation and BLM has not granted you an 
extension of time to meet the obligation, the unit contracts. This means 
that--
    (1) All areas within the unit that do not have participating areas 
established are eliminated from the unit. Any eliminated areas are 
subject to their original lease terms; and
    (2) Only established participating areas, whether they are actually 
producing or not, remain in the unit.
    (b) Units contract effective the first day of the month after the 
date on which the unit agreement required the continuing development 
obligations to begin.
    (c) If you do not meet a continuing development obligation before 
you establish a participating area, the unit terminates (see 
Sec. 3137.132 of this subpart).

                           Participating Areas



Sec. 3137.80  What are participating areas and how do they relate to
the unit agreement?

    (a) Participating areas are those committed tracts or portions of 
those committed tracts within the unit area that are proven to be 
productive by a well meeting the productivity criteria specified in the 
unit agreement.
    (b) You must include a description of the anticipated participating 
area(s) size in the unit agreement for planning purposes to aid in the 
mitigation of reasonably foreseeable and significantly adverse effects 
on NPR-A surface resources. The unit agreement must define the proposed 
participating areas. Your proposed participating area may be limited to 
separate producible intervals or areas.
    (c) At the time you meet the productivity criteria discussed in 
Sec. 3137.82 of this subpart, you must delineate those participating 
areas.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6444, Feb. 4, 2008]



Sec. 3137.81  What is the function of a participating area?

    (a) The function of a participating area is to allocate production 
to each committed tract within a participating area. The BLM will 
allocate production for royalty purposes to each committed tract within 
the participating area using the allocation methodology agreed to in the 
unit agreement (see Sec. 3137.23(g) of this subpart).
    (b) For exploratory and primary recovery operations, BLM will 
consider gas cycling and pressure maintenance wells when establishing 
participating area boundaries.
    (c) For secondary and tertiary recovery operations, BLM will 
consider all wells that contribute to production when establishing 
participating area boundaries.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6444, Feb. 4, 2008]



Sec. 3137.82  What are productivity criteria?

    (a) Productivity criteria are characteristics of a unit well that 
warrant including a defined area surrounding the well in a participating 
area. The unit agreement must define these criteria for each separate 
producible interval. You must be able to determine whether you meet the 
criteria when the well is drilled and you complete well testing, after a 
reasonable period of time to analyze new data.

[[Page 431]]

    (b) To meet the productivity criteria, the well must indicate future 
production potential sufficient to pay for the costs of drilling, 
completing, and operating the well on a unit basis.
    (c) BLM will consider wells that contribute to unit production 
(e.g., pressure maintenance, gas cycling) when setting the participating 
area boundaries as provided in Sec. 3137.81(b) and (c) of this subpart.



Sec. 3137.83  What establishes a participating area?

    The first well you drill meeting the productivity criteria after the 
unit agreement is formed establishes an initial participating area. When 
you establish an initial participating area, lands that contain 
previously existing wells in the unit meeting the productivity criteria 
(see Sec. 3137.82 of this subpart), will--
    (a) Be added to that initial participating area as a revision, if 
the well is completed in the same producible interval; or
    (b) Become a separate participating area, if the well is completed 
in a different producible interval (see also Sec. 3137.88 of this 
subpart for wells that do not meet the productivity criteria).



Sec. 3137.84  What must I submit to BLM to establish a new 
participating area, or modify an existing participating area?

    To establish a new participating area or modify an existing 
participating area, you must submit to BLM a--
    (a) Statement that--
    (1) The well meets the productivity criteria (see Sec. 3137.82 of 
this subpart), necessary to establish a new participating area. You must 
submit information supporting your statement; or
    (2) Explains the reasons for modifying an existing participating 
area. You must submit information supporting your explanation;
    (b) Map showing the new or revised participating area and acreage; 
and
    (c) Schedule that establishes the production allocation for each 
NPR-A lease or tract, and each record title holder and operating rights 
owner in the participating area. You must submit a separate allocation 
schedule for each participating area.



Sec. 3137.85  What is the effective date of a participating area?

    (a) The effective date of an initial participating area is the first 
day of the month in which you complete a well meeting the productivity 
criteria, but no earlier than the effective date of the unit.
    (b) The effective date of a modified participating area or modified 
allocation schedule is the earlier of the first day of the month in 
which you file the proposal for a modification or such other effective 
date as may be provided for in the unit agreement and approved by the 
BLM, but no earlier than the effective date of the unit.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6444, Feb. 4, 2008]



Sec. 3137.86  What happens to a participating area when I obtain new 
information demonstrating that the participating area should be 
larger or smaller than previously determined?
          

    (a) If you obtain new information demonstrating that the 
participating area should be larger than BLM previously determined, 
within 60 calendar days of obtaining the information, you must--
    (1) File a statement, map and revised production allocation schedule 
under Sec. 3137.84 of this subpart requesting addition to the 
participating area of all committed tracts or portions of committed 
tracts in the unit area that meet the productivity criteria;
    (2) If the proposed expanded participating area is outside the 
existing unit boundaries, invite all owners of oil and gas rights 
(leased or unleased) and lease interests (record title and operating 
rights) in such additional land to join the unit. If the owners of oil 
and gas rights in any tract of such land join the unit, you must submit 
to BLM--
    (i) An application to enlarge the unit to include the expanded area;
    (ii) A map showing the expanded area of the unit and the information 
with respect to each additional committed tract you proposed to add to 
the unit specified in Sec. 3137.23(c) of this subpart; and
    (iii) A revised allocation schedule; and

[[Page 432]]

    (3) If any additional committed tract or tracts are added to the 
unit under paragraph (a)(2) of this section, you must file a statement, 
map and revised production allocation schedule under Sec. 3137.84 of 
this subpart requesting addition to the participating area of all such 
committed tracts or portions of such committed tracts in the unit area 
meeting the productivity criteria.
    (b) If you obtain information demonstrating that the participating 
area should be smaller than previously determined, within 60 calendar 
days of obtaining the information, you must file a statement, map and 
revised production allocation schedule under Sec. 3137.84 of this 
subpart requesting removal from the participating area of all land that 
does not meet the productivity criteria.



Sec. 3137.87  What must I do if there are unleased Federal tracts 
in a participating area?

    If there are unleased Federal tracts in a participating area, you 
must--
    (a) Include the unleased Federal tracts in the participating area, 
even though BLM will not share in unit costs;
    (b) Allocate production for royalty purposes as if the unleased 
Federal tracts were leased and committed to the unit agreement under 
Sec. 3137.100 of this subpart;
    (c) Admit Federal tracts leased after the effective date of the unit 
agreement into the unit agreement on the date the lease is effective; 
and
    (d) Submit to BLM revised maps, a list of committed leases, and 
allocation schedules that reflect the commitment of the newly leased 
Federal tracts to the unit.



Sec. 3137.88  What happens when a well outside a participating area
does not meet the productivity criteria?

    If a well outside any of the established participating area(s) does 
not meet the productivity criteria, all operations on that well are non-
unit operations and we will not revise the participating area. You must 
notify BLM within 60 calendar days after you determine a well does not 
meet the productivity criteria. You must conduct non-unit operations 
under the terms of the underlying lease or other federally-approved 
cooperative oil and gas agreements.



Sec. 3137.89  How does production allocation occur from wells that
do not meet the productivity criteria?

    (a) If a well that does not meet the productivity criteria was 
drilled before the unit was formed, the production is allocated on a 
lease or other federally-approved oil and gas agreement basis. You must 
pay and report the royalties from any such well either as specified in 
the underlying lease or other federally-approved oil and gas agreements.
    (b) If you drilled a well after the unit was formed and the well is 
completed within an existing participating area, the production becomes 
a part of that participating area production even if it does not meet 
the productivity criteria. BLM may require the participating area to be 
revised under Sec. 3137.84 of this subpart.
    (c) If a well not meeting the productivity criteria is outside a 
participating area, the production is allocated as provided in paragraph 
(a) of this section.



Sec. 3137.90  Who must operate wells that do not meet the 
productivity criteria?

    (a) If a well not meeting the productivity criteria was drilled 
before the unit was formed and is not included in the participating 
area, the operator of the well at the time the unit was formed may 
continue as operator.
    (b) As unit operator, you must continue to operate wells drilled 
after unit formation not meeting the productivity criteria unless BLM 
approves a change in the designation of operator for those wells.



Sec. 3137.91  When will BLM allow a well previously determined to be 
a non-unit well to be used in establishing or modifying a PA?

    If you, as the unit operator, complete sufficient work so that a 
well BLM previously determined to be a non-unit well now meets the 
productivity criteria, you must demonstrate this to BLM within 60 
calendar days after you

[[Page 433]]

determine that the well meets the productivity criteria. You must then 
modify an existing participating area or establish a new participating 
area (see Sec. 3137.84 of this subpart).



Sec. 3137.92  When does a participating area terminate?

    (a) After contraction under Sec. 3137.76 of this subpart, a 
participating area terminates 60 calendar days after BLM notifies you 
that there is insufficient production to meet the operating costs of 
that production, unless you show that within 60 calendar days after 
BLM's notification--
    (1) Your operations to restore or establish new production are in 
progress; and
    (2) You are diligently pursuing oil or gas production.
    (b) If you demonstrate to BLM that reasons beyond your control 
prevent you, despite reasonable diligence, from meeting the requirements 
in paragraphs (a)(1) and (a)(2) of this section within 60 calendar days 
after BLM notifies you that there is insufficient production to meet the 
operating costs of that production, BLM will extend the period of time 
to start those operations.

                          Production Allocation



Sec. 3137.100  How must I allocate production to the United States
when a participating area includes unleased Federal lands?

    (a) When a participating area includes unleased Federal lands, you 
must allocate production as if the unleased Federal lands were leased 
and committed to the unit agreement (see Secs. 3137.80 and 3137.81 of 
this subpart). The obligation to pay royalty for production attributable 
to unleased Federal lands accrues from the later of the date the--
    (1) Committed leases in the participating area that includes 
unleased Federal lands receive a production allocation; or
    (2) Previously leased tracts within the participating area become 
unleased.
    (b) The royalty rate applicable to production allocated to unleased 
Federal lands is the greater of 12\1/2\ percent or the highest royalty 
rate for any lease committed to the unit.
    (c) The value of the production must be determined under the 
Minerals Management Service's oil and gas product value regulations at 
30 CFR part 206.

                       Obligations and Extensions



Sec. 3137.110  Do the terms and conditions of a unit agreement
modify Federal lease stipulations?

    A unit agreement does not modify Federal lease stipulations.



Sec. 3137.111  When will BLM extend the primary term of all leases
committed to a unit agreement or renew all leases committed to a
unit agreement?

    If the unit operator requests it, the BLM will extend the primary 
term of all NPR-A leases committed to a unit agreement or renew the 
leases committed to a unit agreement if any committed lease within the 
unit is extended or renewed under Sec. 3135.1-5 or Sec. 3135.1-6. If the 
BLM approves a lease renewal under Sec. 3135.1-6(b), the BLM will 
require a renewal fee of $100 per acre for each lease in the unit that 
is renewed.

[73 FR 6444, Feb. 4, 2008]



Sec. 3137.112  What happens if I am prevented from performing actual
or constructive drilling or reworking operations?

    (a) If you demonstrate to BLM that reasons beyond your control 
prevent you, despite reasonable diligence, from starting actual or 
constructive drilling, reworking, or completing operations, BLM will 
extend all committed NPR-A leases as if you were performing constructive 
or actual drilling or reworking operations. You are limited to two 
extensions under this section.
    (b) You must resume actual or constructive drilling or reworking 
operations when conditions permit. If you do not resume operations--
    (1) BLM will cancel the extension; and
    (2) The unit terminates (see Sec. 3137.131 of this subpart).

[[Page 434]]

                           Change in Ownership



Sec. 3137.120  As a transferee of an interest in a unitized NPR-A 
lease, am I subject to the terms and conditions of the unit agreement?

    As a transferee of an interest in an NPR-A lease that is included in 
a unit agreement, you are subject to the terms and conditions of the 
unit agreement.

                            Unit Termination



Sec. 3137.130  Under what circumstances will BLM approve a voluntary
termination of the unit?

    BLM will approve the voluntary termination of the unit at any time--
    (a) Before the unit operator discovers production sufficient to 
establish a participating area; and
    (b) The unit operator submits to BLM certification that at least 75 
percent of the operating rights owners in the unit agreement, on a 
surface acreage basis, agree to the termination.



Sec. 3137.131  What happens if the unit terminated before the unit
operator met the initial development obligations?

    If the unit terminated before the unit operator met the initial 
development obligations, BLM's approval of the unit agreement is 
revoked. You, as lessee, forfeit all further benefits, including 
extensions and suspensions, granted any NPR-A lease because of having 
been committed to the unit. Any lease that the BLM extended because of 
being committed to the unit would expire unless it had been granted an 
extension or renewal under Sec. 3135.1-5 or Sec. 3135.1-6.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6444, Feb. 4, 2008]



Sec. 3137.132  What if I do not meet a continuing development 
obligation before I establish any participating area in the unit?

    If you do not meet a continuing development obligation before you 
establish any participating area, the unit terminates automatically. 
Termination is effective the day after you did not meet a continuing 
development obligation.



Sec. 3137.133  After participating areas are established, when does
the unit terminate?

    After participating areas are established, the unit terminates when 
the last participating area of the unit terminates (see Sec. 3137.92 of 
this subpart).



Sec. 3137.134  What happens to committed leases if the unit terminates?

    (a) If the unit terminates, all committed NPR-A leases return to 
individual lease status and are subject to their original provisions.
    (b) An NPR-A lease that has completed its primary term on or before 
the date the unit terminates will expire unless it is granted an 
extension or renewal under Sec. 3135.1-5 or Sec. 3135.1-6.

[67 FR 17886, Apr. 11, 2002, as amended at 73 FR 6444, Feb. 4, 2008]



Sec. 3137.135  What are the unit operator's obligations after unit
termination?

    Within three months after unit termination, the unit operator must 
submit to BLM for approval a plan and schedule for mitigating the 
impacts resulting from unit operations. The plan must describe in detail 
planned plugging and abandonment and surface restoration operations. The 
unit operator must then comply with the BLM-approved plan and schedule.

                                 Appeals



Sec. 3137.150  How do I appeal a decision that BLM issues under this
subpart?

    (a) You may file for a State Director Review (SDR) of a decision BLM 
issues under this subpart. Part 3160, subpart 3165 of this title 
contains regulations on SDR; or
    (b) If you are adversely affected by a BLM decision under this 
subpart you may directly appeal the decision under parts 4 and 1840 of 
this title.



  Subpart 3138_Subsurface Storage Agreements in the National Petroleum 
                         Reserve-Alaska (NPR-A)

    Source: 67 FR 17893, Apr. 11, 2002, unless otherwise noted.

[[Page 435]]



Sec. 3138.10  When will BLM enter into a subsurface storage agreement
in NPR-A covering federally-owned lands?

    BLM will enter into a subsurface storage agreement in NPR-A covering 
federally-owned lands to allow you to use either leased or unleased 
federally-owned lands for the subsurface storage of oil and gas, whether 
or not the oil or gas you intend to store is produced from federally-
owned lands, if you demonstrate that storage is necessary to--
    (a) Avoid waste; or
    (b) Promote conservation of natural resources.



Sec. 3138.11  How do I apply for a subsurface storage agreement?

    (a) You must submit an application to BLM for a subsurface storage 
agreement that includes--
    (1) The reason for forming a subsurface storage agreement;
    (2) A description of the area you plan to include in the subsurface 
storage agreement;
    (3) A description of the formation you plan to use for storage;
    (4) The proposed storage fees or rentals. The fees or rentals must 
be based on the value of the subsurface storage, injection, and 
withdrawal volumes, and rental income or other income generated by the 
operator for letting or subletting the storage facilities;
    (5) The payment of royalty for native oil or gas (oil or gas that 
exists in the formation before injection and that is produced when the 
stored oil or gas is withdrawn);
    (6) A description of how often and under what circumstances you and 
BLM intend to renegotiate fees and payments;
    (7) The proposed effective date and term of the subsurface storage 
agreement;
    (8) Certification that all owners of mineral rights (leased or 
unleased) and lease interests have consented to the gas storage 
agreement in writing;
    (9) An ownership schedule showing lease or land status;
    (10) A schedule showing the participation factor for all parties to 
the subsurface storage agreement; and
    (11) Supporting data (geologic maps showing the storage formation, 
reservoir data, etc.) demonstrating the capability of the reservoir for 
storage.
    (b) BLM will negotiate the terms of a subsurface storage agreement 
with you, including bonding, and reservoir management.
    (c) BLM may request documentation in addition to that which you 
provide under paragraph (a) of this section.



Sec. 3138.12  What must I pay for storage?

    You must pay any combination of storage fees, rentals, or royalties 
to which you and BLM agree. The royalty you pay on production of native 
oil and gas from leased lands will be the royalty required by the 
underlying lease(s).



PART 3140_LEASING IN SPECIAL TAR SAND AREAS--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.
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_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.

[[Page 436]]

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 for combined hydrocarbon leases.
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 for Combined 
                           Hydrocarbon Leases

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.; the Energy Policy Act of 2005 (Pub. L. 109-58), 
unless otherwise noted.



Subpart 3140_Conversion of Existing Oil and Gas Leases and Valid Claims 
                       Based on Mineral Locations

    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 that is 
in substantial compliance with the information requirements of 43 CFR 
3592 for both exploration plans and mining plans, as well as any 
additional information required in this part and under 43 CFR 3593, 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 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; 70 
FR 58614, Oct. 7, 2005]



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

[[Page 437]]

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 5,760 
acres. Acreage held under a combined hydrocarbon 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.
    (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

[[Page 438]]

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; 70 FR 58614, Oct. 7, 
2005]



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.
    (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

[[Page 439]]

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 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, one combined hydrocarbon lease that does not exceed 5,760 
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.

[47 FR 22478, May 24, 1982, as amended at 70 FR 58614, Oct. 7, 2005]

[[Page 440]]



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_Leasing in Special Tar Sand Areas

    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, Oil and 
Gas Leases, or Tar Sand Leases within special tar sand areas.

[70 FR 58614, Oct. 7, 2005]



Sec. 3141.0-3  Authority.

    The regulations in this subpart 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 Management Act of 1976 (43 U.S.C. 1701 et seq.), 
the Combined Hydrocarbon Leasing Act of 1981 (95 Stat. 1070), and the 
Energy Policy Act of 2005 (Pub. L. 109-58).

[70 FR 58615, Oct. 7, 2005]



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 nongaseous hydrocarbon 
substance other than coal, oil shale or gilsonite.
    (b) For purposes of this subpart, ``oil and gas lease'' means a 
lease issued in a Special Tar Sand Area for the exploration and 
development of oil and gas resources other than tar sand.

[[Page 441]]

    (c) Tar sand lease means a lease issued in a Special Tar Sand area 
exclusively for the exploration for and extraction of tar sand.
    (d) 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.
    (e) 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.

[47 FR 22478, May 24, 1982, as amended at 70 FR 58615, Oct. 7, 2005; 71 
FR 28779, May 18, 2006]



Sec. 3141.0-8  Other Applicable Regulations.

    (a) Combined hydrocarbon leases. (1) 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.
    (i) All of subpart 3100, with the exception of Sec. 3100.3-2;
    (ii) 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;
    (iii) All of subpart 3102;
    (iv) 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);
    (v) All of subpart 3104;
    (vi) All of subpart 3105;
    (vii) All of subpart 3106, with the exception of Sec. 3106.1 (c);
    (viii) All of subpart 3107, with the exception of Sec. 3107.7;
    (ix) All of subpart 3108; and
    (x) All of subpart 3109, with special emphasis on Sec. 3109.2 (b).
    (2) 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.
    (3) The provisions of 43 CFR part 3180 shall serve as general 
guidance to the administration of combined hydrocarbon leases issued 
under this part to the extent they may be included in unit or 
cooperative agreements.
    (b) Oil and gas leases. (1) All of the provisions of parts 3100, 
3110, and 3120 of this title apply to the issuance and administration of 
oil and gas leases issued under this part.
    (2) All of the provisions of part 3160 apply to operations on an oil 
and gas lease issued under this part.
    (3) The provisions of 43 CFR part 3180 apply to the administration 
of oil and gas leases issued under this part.
    (c) Tar sand leases. (1) The following provisions of part 3100 of 
this title, as they relate to competitive leasing, apply to the issuance 
of tar sand leases issued under this part.
    (i) All of subpart 3102;
    (ii) All of subpart 3103 with the exception of sections 3103.2-1, 
3103.2-2(d), and 3103.3;
    (iii) All of section 3120.4; and
    (iv) All of section 3120.5.
    (2) Prior to commencement of operations, the lessee shall develop a 
plan of operations as described in 43 CFR 3592.1 which ensures 
reasonable protection of the environment.

[48 FR 7422, Feb. 18, 1983, as amended at 55 FR 12351, Apr. 3, 1990; 70 
FR 58615, Oct. 7, 2005]]



Sec. 3141.1  General.

    (a) Combined hydrocarbons or tar sands within a Special Tar Sand 
Area shall be leased only by competitive bonus bidding.
    (b) Oil and gas within a Special Tar Sand Area shall be leased by 
competitive bonus bidding as described in 43 CFR part 3120 or if no 
qualifying bid is received during the competitive bidding process, the 
area offered for competitive lease may be leased noncompetitively as 
described in 43 CFR part 3110.
    (c) The authorized officer may issue either combined hydrocarbon 
leases, or oil and gas leases for oil and gas within such areas.
    (d) The rights to explore for or develop tar sand deposits in a 
Special Tar

[[Page 442]]

Sand Area may be acquired through either a combined hydrocarbon lease or 
a tar sand lease.
    (e) An oil and gas lease in a Special Tar Sand Area does not include 
the rights to explore for or develop tar sand.
    (f) A tar sand lease in a Special Tar Sand Area does not include the 
rights to explore for or develop oil and gas.
    (g) The minimum acceptable bid for a lease issued for tar sand shall 
be $2 per acre.
    (h) The acreage of combined hydrocarbon leases or tar sand leases 
held within a Special Tar Sand Area shall not be charged against acreage 
limitations for the holding of oil and gas leases as provided in section 
3101.2-1 of this title.
    (i)(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.

[47 FR 22478, May 24, 1982, as amended at 70 FR 58615, Oct. 7, 2005]



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 5,760 acres, which shall 
be as compact as possible. The authorized officer may grant an 
exploration license covering more than 5,760 acres only if the 
application contains a justification for an exception to the normal 
limitation.

[[Page 443]]

    (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 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

[[Page 444]]

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; 70 
FR 58615, Oct. 7, 2005]



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.



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, oil and gas leases, 
and tar sand leases within special tar sand areas in 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, oil 
and gas lease, tar sand lease, or subsequent development of 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; 70 
FR 58615, Oct. 7, 2005]



Sec. 3141.5  Leasing procedures.



Sec. 3141.5-1  Economic evaluation.

    Prior to any lease sale for a combined hydrocarbon lease, 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.

[70 FR 58615, Oct. 7, 2005]



Sec. 3141.5-2  Term of lease.

    (a) Combined hydrocarbon leases or oil and gas 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.
    (b) Tar Sand leases shall have a primary term of 10 years and shall 
remain in effect so long thereafter as tar sand is produced in paying 
quantities.

[70 FR 58615, Oct. 7, 2005]

[[Page 445]]



Sec. 3141.5-3  Royalties and rentals.

    (a) The royalty rate on all combined hydrocarbon leases or tar sand 
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 
Management 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) The rental rate for a tar sand lease shall be $1.50 per acre for 
the first 5 years and $2.00 per acre for each year thereafter.
    (e) 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; 70 
FR 58615, Oct. 7, 2005]



Sec. 3141.5-4  Lease size.

    Combined hydrocarbon leases or tar sand leases in Special Tar Sand 
Areas shall not exceed 5,760 acres.

[70 FR 58616, Oct. 7, 2005]



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.

    (a) Combined Hydrocarbon Leases. 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 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.
    (b) Tar Sand Leases or Oil and Gas Leases. At least 45 days prior to 
conducting a competitive auction, lands to be offered for a competitive 
lease sale shall be posted in the proper BLM office having jurisdiction 
over the lands as specified in Sec. 1821.10 of this chapter, and shall 
be made available for posting to surface managing agencies having 
jurisdiction over any of the included lands.

[70 FR 58616, Oct. 7, 2005, as amended at 71 FR 28779, May 18, 2006]



Sec. 3141.6-3  Conduct of sales.

    (a) Combined Hydrocarbon Leases. (1) Competitive sales shall be 
conducted by the submission of written sealed bids.
    (2) Minimum bids shall be not less than $25 per acre.

[[Page 446]]

    (3) 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.
    (4) The authorized officer may reject any or all bids.
    (5) The authorized officer may waive minor deficiencies in the bids 
or the lease sale advertisement.
    (6) 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.
    (b) Oil and Gas Leases. Lease sales for oil and gas leases will be 
conducted using the procedures for oil and gas leases in Sec. 3120.5 of 
this title.
    (c) Tar Sand Leases. (1) Parcels shall be offered by oral bidding.
    (2) The winning bid shall be the highest oral bid by a qualified 
bidder, equal to or exceeding $2.00 per acre.
    (3) Payments shall be made as provided in Sec. 3120.5-2 of this 
title.

[48 FR 7422, Feb. 18, 1983, as amended at 70 FR 58616, Oct. 7, 2005]



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 for combined hydrocarbon leases.

    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 for Combined 
                           Hydrocarbon Leases

    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).



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 plan of operations 
and by nonconventional methods, of oil and gas which can be marketed; or

[[Page 447]]

    (b) Production of oil or gas by conventional methods as the term is 
currently used in part 3160 of this title.

[51 FR 7276, Mar. 3, 1986, as amended at 70 FR 58616, Oct. 7, 2005]



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 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.

[[Page 448]]



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: 16 U.S.C. 3150(b) and 668dd; 30 U.S.C. 189 and 359; 42 
U.S.C. 6508; 43 U.S.C. 1201, 1732(b), 1733, 1734, 1740.

    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 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.

[[Page 449]]

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 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]

[[Page 450]]



               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.
    Note to Sec. 3152.1: Submit your application along with the filing 
fee for geophysical exploration permit--Alaska, found in the fee 
schedule in Sec. 3000.12 of this chapter (except where the exploration 
operations are to be conducted on a leasehold by or on behalf of the 
lessee), to the District Manager of the proper BLM office.

[53 FR 17359, May 16, 1988, as amended at 72 FR 50887, Sept. 5, 2007]



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 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

[[Page 451]]

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 the filing fee for 
renewal of exploration permit--Alaska, found in the fee schedule in 
section 3000.12 of this chapter (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 one year.

[72 FR 50887, Sept. 5, 2007]



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) All information submitted under this section is subject to part 
2 of this title, which sets forth the rules of the Department of the 
Interior relating to public availability of information contained in 
Departmental records, as provided at Sec. 3100.4 of this chapter.

[53 FR 17359, May 16, 1988, as amended at 63 FR 52952, Oct. 1, 1998]



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 application for 
exploration to the

[[Page 452]]

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, producing, and drainage obligations.
3162.2-2  What steps may BLM take to avoid uncompensated drainage of 
          Federal or Indian mineral resources?
3162.2-3  When am I responsible for protecting my Federal or Indian 
          lease from drainage?
3162.2-4  What protective action may BLM require the lessee to take to 
          protect the leases from drainage?
3162.2-5  Must I take protective action when a protective well would be 
          uneconomic?
3162.2-6  When will I have constructive notice that drainage may be 
          occurring?
3162.2-7  Who is liable for drainage if more than one person holds 
          undivided interests in the record title or operating rights 
          for the same lease?
3162.2-8  Does my responsibility for drainage protection end when I 
          assign or transfer my lease interest?
3162.2-9  What is my duty to inquire about the potential for drainage 
          and inform BLM of my findings?

[[Page 453]]

3162.2-10  Will BLM notify me when it determines that drainage is 
          occurring?
3162.2-11  How soon after I know of the likelihood of drainage must I 
          take protective action?
3162.2-12  If I hold an interest in a lease, for what period will the 
          Department assess compensatory royalty against me?
3162.2-13  If I acquire an interest in a lease that is being drained, 
          will the Department assess me for compensatory royalty?
3162.2-14  May I appeal BLM's decision to require drainage protective 
          measures?
3162.2-15  Who has the burden of proof if I appeal BLM's drainage 
          determination?
3162.3  Conduct of operations.
3162.3-1  Drilling applications and plans.
3162.3-2  Subsequent well operations.
3162.3-3  Subsequent well operations; Hydraulic fracturing.
3162.3-4  Well abandonment.
3162.4  Records and reports.
3162.4-1  Well records and reports.
3162.4-2  Samples, tests, and surveys.
3162.5  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).

         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: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and 
1751; 43 U.S.C. 1732(b), 1733, 1740; and Sec. 107, Pub. L. 114-74, 129 
Stat. 599, unless otherwise noted.

    Source: 47 FR 47765, Oct. 27, 1982, unless otherwise noted. 
Redesignated at 48 FR 36583, 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--
    (a) Leases issued or approved by the United States;
    (b) Restricted Indian land leases; and
    (c) Those leases under the jurisdiction of the Secretary of the 
Interior by law or administrative arrangement including the National 
Petroleum Reserve-Alaska (NPR-A). However, provisions relating to 
suspension and royalty reductions contained in subpart 3165 of this part 
do not apply to the NPR-A.

[67 FR 17894, Apr. 11, 2002]



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 
Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.), 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.

[[Page 454]]

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, as amended by the Federal Oil and Gas Royalty 
Simplification Act of 1996 (30 U.S.C. 1701 et seq.), 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, as amended at 80 FR 16217, Mar. 26, 2015; 
81 FR 81419, Nov. 17, 2016]



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:
    Annulus means the space around a pipe in a wellbore, the outer wall 
of which may be the wall of either the borehole or casing; sometimes 
also called annular space.
    Authorized representative means any entity or individual authorized 
by the Secretary to perform duties by cooperative agreement, delegation 
or contract.
    Bradenhead means a heavy, flanged steel fitting connected to the 
first string of casing that allows the suspension of intermediate and 
production strings of casing and supplies the means for the annulus to 
be sealed.
    Cement Evaluation Log (CEL) means any one of a class of tools that 
verify the integrity of annular cement bonding, such as, but not limited 
to, a cement bond log (CBL), ultrasonic imaging log, variable density 
logs, CBLs with directional receiver array, ultrasonic pulse echo log, 
or isolation scanner.
    Confining zone means a geological formation, group of formations, or 
part of a formation that is capable of preventing fluid movement from 
any formation that will be hydraulically fractured into a usable water 
zone.
    Drainage means the migration of hydrocarbons, inert gases (other 
than helium), or associated resources caused by production from other 
wells.
    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.
    Hydraulic fracturing means those operations conducted in an 
individual wellbore designed to increase the flow of hydrocarbons from 
the rock formation to the wellbore through modifying the permeability of 
reservoir rock by applying fluids under pressure to fracture it. 
Hydraulic fracturing does not include enhanced secondary recovery such 
as water flooding, tertiary recovery, recovery through steam injection, 
or other types of well stimulation operations such as acidizing.
    Hydraulic fracturing fluid means the liquid or gas, and any 
associated solids, used in hydraulic fracturing, including constituents 
such as water, chemicals, and proppants.
    Isolating or to isolate means using cement to protect, separate, or 
segregate usable water and mineral resources.
    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,

[[Page 455]]

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.
    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.
    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.
    Lessee means any person holding record title or owning operating 
rights in a lease issued or approved by the United States.
    Lessor means the party to a lease who holds legal or beneficial 
title to the mineral estate in the leased lands.
    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.
    Master hydraulic fracturing plan means a plan containing the 
information required in section 3162.3-3(d) of this part for a group of 
wells where the geologic characteristics for each well are substantially 
similar.
    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.
    Minor violation means noncompliance that does not rise to the level 
of a major violation.
    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 shall not be considered to have been off of production unless it is 
incapable of production.
    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.
    Onshore oil and gas order means a formal numbered order issued by 
the Director that implements and supplements the regulations in this 
part.
    Operating rights owner means a person who owns operating rights in a 
lease. A record title holder may also be an operating rights owner in a 
lease if it did not transfer all of its operating rights.
    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.
    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.
    Person means any individual, firm, corporation, association, 
partnership, consortium or joint venture.
    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.

[[Page 456]]

    Proppant means a granular substance (most commonly sand, sintered 
bauxite, or ceramic) that is carried in suspension by the fracturing 
fluid that serves to keep the cracks in the geologic formation open when 
fracturing fluid is withdrawn after a hydraulic fracture operation.
    Protective well means a well drilled or modified to prevent or 
offset drainage of oil and gas resources from its Federal or Indian 
lease.
    Record title holder means the person(s) to whom BLM or an Indian 
lessor issued a lease or approved the assignment of record title in a 
lease.
    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.
    Surface use plan of operations means a plan for surface use, 
disturbance, and reclamation.
    Usable water means
    (1) Generally those waters containing up to 10,000 parts per million 
(ppm) of total dissolved solids. Usable water includes, but is not 
limited to:
    (i) Underground water that meets the definition of ``underground 
source of drinking water'' as defined at 40 CFR 144.3;
    (ii) Underground sources of drinking water under the law of the 
State (for Federal lands) or tribe (for Indian lands); and
    (iii) Water in zones designated by the State (for Federal lands) or 
tribe (for Indian lands) as requiring isolation or protection from 
hydraulic fracturing operations.
    (2) The following geologic zones are deemed not to contain usable 
water:
    (i) Zones from which the BLM has authorized an operator to produce 
oil and gas, provided that the operator has obtained all other 
authorizations required by the Environmental Protection Agency, the 
State (for Federal lands), or the tribe (for Indian lands) to conduct 
hydraulic fracturing operations in the specific zone;
    (ii) Zones designated as exempted aquifers pursuant to 40 CFR 144.7; 
and
    (iii) Zones that do not meet the definition of underground source of 
drinking water at 40 CFR 144.3 which the State (for Federal lands) or 
the tribe (for Indian lands) has designated as exempt from any 
requirement to be isolated or protected from hydraulic fracturing 
operations.
    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; 66 
FR 1892, Jan. 10, 2001; 80 FR 16217, Mar. 26, 2015; 81 FR 83078, Nov. 
18, 2016]



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

[[Page 457]]

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:

                             Operating Forms
------------------------------------------------------------------------
Form No.                 Name and filing date                   OMB No.
------------------------------------------------------------------------
  3160-3  Application for Permit to Drill, Deepen, or Plug     1004-0136
           Back--Filed 30 days prior to planned action......
  3160-4  With Completion of Recompletion Report and Log--     1004-0137
           Due 30 days after well completion................
  3160-5  Sundry Notice and Reports on Wells--Subsequent       1004-0135
           report due 30 days after operations completed....
------------------------------------------------------------------------


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) The regulations in this part apply to all operations conducted 
on:
    (1) All Federal and Indian (except those of the Osage Tribe) onshore 
oil and gas leases;
    (2) All onshore facility measurement points where Federal or Indian 
(except those of the Osage Tribe) oil or gas is measured;
    (3) Indian Mineral Development Act agreements for oil and gas, 
unless specifically excluded in the agreement; and
    (4) Leases and other business agreements for the development of 
tribal energy resources under a Tribal Energy Resource Agreement entered 
into with the Secretary, unless specifically excluded in the lease, 
other business agreement, or Tribal Energy Resource Agreement.
    (b) The regulations in this part and 43 CFR part 3170, including 
subparts 3173, 3174, and 3175, relating to site security, measurement of 
oil and gas, reporting of production and operations, and assessments or 
penalties for non-

[[Page 458]]

compliance with such requirements, are applicable to all wells and 
facilities on State or privately owned lands committed to a unit or 
communitization agreement, which include Federal or Indian lease 
interests, notwithstanding any provision of a unit or communitization 
agreement to the contrary.

[81 FR 81419, Nov. 17, 2016]



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 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

[[Page 459]]

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 operator has acquired 
by purchase, condemnation or otherwise.

[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583, 
Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 53 FR 17363, May 16, 1988]



Sec. 3162.2  Drilling, producing, and drainage obligations.



Sec. 3162.2-1  Drilling and producing obligations.

    (a) 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.
    (b) After notice in writing, the lessee(s) and operating rights 
owner(s) 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.

[66 FR 1892, Jan. 10, 2001. Redesignated at 66 FR 1892, Jan. 10, 2001; 
66 FR 24073, May 11, 2001]



Sec. 3162.2-2  What steps may BLM take to avoid uncompensated drainage of Federal or Indian mineral resources?

    If we determine that a well is draining Federal or Indian mineral 
resources, we may take any of the following actions:
    (a) If the mineral resources being drained are in Federal or Indian 
leases, we may require the lessee to drill and produce all wells that 
are necessary to protect the lease from drainage, unless the conditions 
of this part are met. BLM will consider applicable Federal, State, or 
Tribal rules, regulations, and spacing orders when determining which 
action to take. Alternatively, we may accept other equivalent protective 
measures;
    (b) If the mineral resources being drained are either unleased 
(including those which may not be subject to leasing) or in Federal or 
Indian leases, we may execute agreements with the owners of interests in 
the producing well under which the United States or the Indian lessor 
may be compensated for the drainage (with the consent of the Federal or 
(in consultation with the Indian mineral owner and BIA) Indian lessees, 
if any);
    (c) We may offer for lease any qualifying unleased mineral resources 
under part 3120 of this chapter or enter into a communitization 
agreement; or
    (d) We may approve a unit or communitization agreement that provides 
for payment of a royalty on production attributable to unleased mineral 
resources as provided in Sec. 3181.5.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-3  When am I responsible for protecting my Federal
or Indian lease from drainage?

    You must protect your Federal or Indian lease from drainage if your 
lease is being drained of mineral resources by a well:
    (a) Producing for the benefit of another mineral owner;

[[Page 460]]

    (b) Producing for the benefit of the same mineral owner but with a 
lower royalty rate; or
    (c) Located in a unit or communitization agreement, which due to its 
Federal or Indian mineral owner's allocation or participation factor, 
generates less revenue for the United States or the Indian mineral owner 
for the mineral resources produced from your lease.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-4  What protective action may BLM require the lessee
to take to protect the leases from drainage?

    We may require you to:
    (a) Drill or modify and produce all wells that are necessary to 
protect the leased mineral resources from drainage;
    (b) Enter into a unitization or communitization agreement with the 
lease containing the draining well; or
    (c) Pay compensatory royalties for drainage that has occurred or is 
occurring.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-5  Must I take protective action when a protective well
would be uneconomic?

    You are not required to take any of the actions listed in 
Sec. 3162.2-4 if you can prove to BLM that when you first knew or had 
constructive notice of drainage you could not produce a sufficient 
quantity of oil or gas from a protective well on your lease for a 
reasonable profit above the cost of drilling, completing, and operating 
the protective well.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-6  When will I have constructive notice that drainage 
may be occurring?

    (a) You have constructive notice that drainage may be occurring when 
well completion or first production reports for the draining well are 
filed with either BLM, State oil and gas commissions, or regulatory 
agencies and are publicly available.
    (b) If you operate or own any interest in the draining well or 
lease, you have constructive notice that drainage may be occurring when 
you complete drill stem, production, pressure analysis, or flow tests of 
the well.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-7  Who is liable for drainage if more than one person
holds undivided interests in the record title or operating rights
for the same lease?

    (a) If more than one person holds record title interests in a 
portion of a lease that is subject to drainage, each person is jointly 
and severally liable for taking any action we may require under this 
part to protect the lease from drainage, including paying compensatory 
royalty accruing during the period and for the area in which it holds 
its record title interest.
    (b) Operating rights owners are jointly and severally liable with 
each other and with all record title holders for drainage affecting the 
area and horizons in which they hold operating rights during the period 
they hold operating rights.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-8  Does my responsibility for drainage protection end
when I assign or transfer my lease interest?

    If you assign your record title interest in a lease or transfer your 
operating rights, you are not liable for drainage that occurs after the 
date we approve the assignment or transfer. However, you remain 
responsible for the payment of compensatory royalties for any drainage 
that occurred when you held the lease interest.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-9  What is my duty to inquire about the potential for
drainage and inform BLM of my findings?

    (a) When you first acquire a lease interest, and at all times while 
you hold the lease interest, you must monitor the drilling of wells in 
the same or adjacent spacing units and gather sufficient information to 
determine whether drainage is occurring. This information can be in 
various forms, including but not limited to, well completion reports, 
sundry notices, or available production information. As a prudent 
lessee, it is your responsibility to analyze and evaluate this 
information and

[[Page 461]]

make the necessary calculations to determine:
    (1) The amount of drainage from production of the draining well;
    (2) The amount of mineral resources which will be drained from your 
Federal or Indian lease during the life of the draining well; and
    (3) Whether a protective well would be economic to drill.
    (b) You must notify BLM within 60 days from the date of actual or 
constructive notice of:
    (1) Which of the actions in Sec. 3162.2-4 you will take; or
    (2) The reasons a protective well would be uneconomic.
    (c) If you do not have sufficient information to comply with 
Sec. 3162.2-9(b)(1), indicate when you will provide the information.
    (d) You must provide BLM with the analysis under paragraph (a) of 
this section within 60 days after we request it.

[66 FR 1893, Jan. 10, 2001]



Sec. 3162.2-10  Will BLM notify me when it determines that drainage
is occurring?

    We will send you a demand letter by certified mail, return receipt 
requested, or personally serve you with notice, if we believe that 
drainage is occurring. However, your responsibility to take protective 
action arises when you first knew or had constructive notice of the 
drainage, even when that date precedes the BLM demand letter.

[66 FR 1894, Jan. 10, 2001]



Sec. 3162.2-11  How soon after I know of the likelihood of drainage
must I take protective action?

    (a) You must take protective action within a reasonable time after 
the earlier of:
    (1) The date you knew or had constructive notice that the 
potentially draining well had begun to produce oil or gas; or
    (2) The date we issued a demand letter for protective action.
    (b) Since the time required to drill and produce a protective well 
varies according to the location and conditions of the oil and gas 
reservoir, BLM will determine this on a case-by-case basis. When we 
determine whether you took protective action within a reasonable time, 
we will consider several factors including, but not limited to:
    (1) Time required to evaluate the characteristics and performance of 
the draining well;
    (2) Rig availability;
    (3) Well depth;
    (4) Required environmental analysis;
    (5) Special lease stipulations which provide limited time frames in 
which to drill; and
    (6) Weather conditions.
    (c) If BLM determines that you did not take protection action 
timely, you will owe compensatory royalty for the period of the delay 
under Sec. 3162.2-12.

[66 FR 1894, Jan. 10, 2001]



Sec. 3162.2-12  If I hold an interest in a lease, for what period
will the Department assess compensatory royalty against me?

    The Department will assess compensatory royalty beginning on the 
first day of the month following the earliest reasonable time we 
determine you should have taken protective action. You must continue to 
pay compensatory royalty until:
    (a) You drill sufficient economic protective wells and remain in 
continuous production;
    (b) We approve a unitization or communitization agreement that 
includes the mineral resources being drained;
    (c) The draining well stops producing; or
    (d) You relinquish your interest in the Federal or Indian lease.

[66 FR 1894, Jan. 10, 2001]



Sec. 3162.2-13  If I acquire an interest in a lease that is being 
drained, will the Department assess me for compensatory royalty?

    If you acquire an interest in a Federal or Indian lease through an 
assignment of record title or transfer of operating rights under this 
part, you are liable for all drainage obligations accruing on and after 
the date we approve the assignment or transfer.

[66 FR 1894, Jan. 10, 2001]

[[Page 462]]



Sec. 3162.2-14  May I appeal BLM's decision to require drainage 
protective measures?

    You may appeal any BLM decision requiring you take drainage 
protective measures. You may request BLM State Director review under 43 
CFR 3165.3 and/or appeal to the Interior Board of Land Appeals under 43 
CFR part 4 and subpart 1840.

[66 FR 1894, Jan. 10, 2001]



Sec. 3162.2-15  Who has the burden of proof if I appeal BLM's 
drainage determination?

    BLM has the burden of establishing a prima facie case that drainage 
is occurring and that you knew of such drainage. Then the burden of 
proof shifts to you to refute the existence of drainage or to prove 
there was not sufficient information to put you on notice of the need 
for drainage protection. You also have the burden of proving that 
drilling and producing from a protective well would not be economically 
feasible.

[66 FR 1894, Jan. 10, 2001]



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.
    (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,

[[Page 463]]

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.
    (j) When submitting an Application for Permit to Drill an oil well, 
the operator must also submit a plan to minimize waste of natural gas 
from that well. The waste minimization plan must accompany, but would 
not be part of, the Application for Permit to Drill. The waste 
minimization plan must set forth a strategy for how the operator will 
comply with the requirements of 43 CFR subpart 3179 regarding control of 
waste from venting and flaring, and must explain how the operator plans 
to capture associated gas upon the start of oil production, or as soon 
thereafter as reasonably possible, including an explanation of why any 
delay in capture of the associated gas would be required. Failure to 
submit a complete and adequate waste minimization plan is grounds for 
denying or disapproving an Application for Permit to Drill. The waste 
minimization plan must include the following information:
    (1) The anticipated completion date of the proposed well(s);

[[Page 464]]

    (2) A description of anticipated production, including:
    (i) The anticipated date of first production;
    (ii) The expected oil and gas production rates and duration from the 
proposed well. If the proposed well is on a multi-well pad, the plan 
should include the total expected production for all wells being 
completed;
    (iii) The expected production decline curve of both oil and gas from 
the proposed well; and
    (iv) The expected Btu value for gas production from the proposed 
well.
    (3) Certification that the operator has provided one or more 
midstream processing companies with information about the operator's 
production plans, including the anticipated completion dates and gas 
production rates of the proposed well or wells;
    (4) Identification of a gas pipeline to which the operator plans to 
connect, with sufficient capacity to accommodate the anticipated 
production of the proposed well(s), and information on the pipeline, 
including, to the extent that the operator can obtain it, the following 
information:
    (i) Maximum current daily capacity of the pipeline;
    (ii) Current throughput of the pipeline;
    (iii) Anticipated daily capacity of the pipeline at the anticipated 
date of first gas sales from the proposed well;
    (iv) Anticipated throughput of the pipeline at the anticipated date 
of first gas sales from the proposed well; and
    (v) Any plans known to the operator for expansion of pipeline 
capacity for the area that includes the proposed well; and
    (5) If an operator cannot identify a gas pipeline with sufficient 
capacity to accommodate the anticipated production of the proposed 
well(s), the waste minimization plan must also include:
    (i) A gas pipeline system location map of sufficient detail, size, 
and scale as to show the field in which the proposed well will be 
located, and all existing gas trunklines within 20 miles of the well. 
The map should also contain:
    (A) The name and location of the gas processing plant(s) closest to 
the proposed well(s), and of the intended destination processing plant, 
if different;
    (B) The location and name of the operator of each gas trunkline 
within 20 miles of the proposed well;
    (C) The proposed route and tie-in point that connects or could 
connect the subject well to an existing gas trunkline;
    (ii) The total volume of produced gas, and percentage of total 
produced gas, that the operator is currently flaring or venting from 
wells in the same field and any wells within a 20-mile radius of that 
field; and
    (iii) A detailed evaluation, including estimates of costs and 
returns, of opportunities for on-site capture approaches, such as 
compression or liquefaction of natural gas, removal of natural gas 
liquids, or generation of electricity from gas.

[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583, 
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; 81 FR 83078, Nov. 18, 2016]



Sec. 3162.3-2  Subsequent well operations.

    (a) A proposal for further well operations must be submitted by the 
operator on a Sundry Notice and Report on Wells (Form 3160-5) as a 
Notice of Intent for approval by the authorized officer prior to 
commencing operations to redrill, deepen, perform casing repairs, plug-
back, alter casing, recomplete in a different interval, perform water 
shut off, combine production between zones, and/or convert to injection. 
If there is additional surface disturbance, 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 acidizing jobs or recompletion in the same 
interval; however, a subsequent report on these operations must be filed 
using a Sundry Notice and Report on Wells (Form 3160-5).
    (c) No prior approval or a subsequent report is required for well 
cleanout

[[Page 465]]

work, routine well maintenance, or bottom hole pressure surveys.
    (d) For details on how to apply for approval of a facility 
measurement point; approval for surface or subsurface commingling from 
different leases, unit participating areas and communitized areas; or 
approval for off-lease measurement, see 43 CFR 3173.12, 3173.15, and 
3173.23, respectively.

[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583, 
Aug. 12, 1983, further amended at 52 FR 5391, Feb. 20, 1987; 53 FR 
17363, May 16, 1988; 53 FR 22847, June 17, 1988; 80 FR 16218, Mar. 26, 
2015; 81 FR 81419, Nov. 17, 2016]



Sec. 3162.3-3  Subsequent well operations; Hydraulic fracturing.

    (a) Activities to which this section applies. This section, or 
portions of this section, apply to hydraulic fracturing as shown in the 
following table:

------------------------------------------------------------------------
                 If . . .                               Then
------------------------------------------------------------------------
(1) No APD was submitted as of June 24,     The operator must comply
 2015.                                       with all paragraphs of this
                                             section.
(2) An APD was submitted but not approved
 as of June 24, 2015.
(3) An APD or APD extension was approved    To conduct hydraulic
 before June 24, 2015, but the authorized    fracturing within 90 days
 drilling operations did not begin until     after the effective date of
 after June 24, 2015.                        this rule, the operator
                                             must comply with all
                                             paragraphs of this section,
                                             except (c) and (d).
(4) Authorized drilling operations began,
 but were not completed before June 24,
 2015.
(5) Authorized drilling operations were
 completed after December 26, 2014..
(6) Authorized drilling activities were     The operator must comply
 completed before December 26, 2014..        with all paragraphs of this
                                             section.
------------------------------------------------------------------------

    (b) Isolation of usable water to prevent contamination. All 
hydraulic fracturing operations must meet the performance standard in 
section 3162.5-2(d) of this title.
    (c) How an operator must submit a request for approval of hydraulic 
fracturing. A request for approval of hydraulic fracturing must be 
submitted by the operator and approved by the authorized officer before 
commencement of operations. The operator may submit the request in one 
of the following ways:
    (1) With an application for permit to drill; or
    (2) With a Sundry Notice and Report on Wells (Form 3160-5) as a 
notice of intent (NOI).
    (3) For approval of a group of wells submitted under either 
paragraph (c)(1) or (2) of this section, the operator may submit a 
master hydraulic fracturing plan. Submission of a master hydraulic 
fracturing plan does not obviate the need to obtain an approved APD from 
the BLM for each individual well.
    (4) If an operator has received approval from the authorized officer 
for hydraulic fracturing operations, and the operator has significant 
new information about the geology of the area, the stimulation operation 
or technology to be used, or the anticipated impacts of the hydraulic 
fracturing operation to any resource, then the operator must submit a 
new NOI (Form 3160-5). Significant new information includes, but is not 
limited to, information that changes the proposed drilling or completion 
of the well, the hydraulic fracturing operation, or indicates increased 
risk of contamination of zones containing usable water or other 
minerals.
    (d) What a request for approval of hydraulic fracturing must 
include. The request for approval of hydraulic fracturing must include 
the information in this paragraph. If the information required by this 
paragraph has been assembled to comply with State law (on Federal lands) 
or tribal law (on Indian lands), such information may be submitted to 
the BLM authorized officer as provided to the State or tribal officials 
as part of the APD or NOI (Form 3160-5).
    (1) The following information regarding wellbore geology:

[[Page 466]]

    (i) The geologic names, a geologic description, and the estimated 
depths (measured and true vertical) to the top and bottom of the 
formation into which hydraulic fracturing fluids are to be injected;
    (ii) The estimated depths (measured and true vertical) to the top 
and bottom of the confining zone(s); and
    (iii) The estimated depths (measured and true vertical) to the top 
and bottom of all occurrences of usable water based on the best 
available information.
    (2) A map showing the location, orientation, and extent of any known 
or suspected faults or fractures within one-half mile (horizontal 
distance) of the wellbore trajectory that may transect the confining 
zone(s). The map must be of a scale no smaller than 1:24,000.
    (3) Information concerning the source and location of water supply, 
such as reused or recycled water, rivers, creeks, springs, lakes, ponds, 
and water supply wells, which may be shown by quarter-quarter section on 
a map or plat, or which may be described in writing. It must also 
identify the anticipated access route and transportation method for all 
water planned for use in hydraulically fracturing the well;
    (4) A plan for the proposed hydraulic fracturing design that 
includes, but is not limited to, the following:
    (i) The estimated total volume of fluid to be used;
    (ii) The maximum anticipated surface pressure that will be applied 
during the hydraulic fracturing process;
    (iii) A map at a scale no smaller than 1:24,000 showing:
    (A) The trajectory of the wellbore into which hydraulic fracturing 
fluids are to be injected;
    (B) The estimated direction and length of the fractures that will be 
propagated and a notation indicating the true vertical depth of the top 
and bottom of the fractures; and
    (C) All existing wellbore trajectories, regardless of type, within 
one-half mile (horizontal distance) of any portion of the wellbore into 
which hydraulic fracturing fluids are to be injected. The true vertical 
depth of each wellbore identified on the map must be indicated.
    (iv) The estimated minimum vertical distance between the top of the 
fracture zone and the nearest usable water zone; and
    (v) The measured depth of the proposed perforated or open-hole 
interval.
    (5) The following information concerning the handling of fluids 
recovered between the commencement of hydraulic fracturing operations 
and the approval of a plan for the disposal of produced fluid under BLM 
requirements:
    (i) The estimated volume of fluid to be recovered;
    (ii) The proposed methods of handling the recovered fluids as 
required under paragraph (h) of this section; and
    (iii) The proposed disposal method of the recovered fluids, 
including, but not limited to, injection, storage, and recycling.
    (6) If the operator submits a request for approval of hydraulic 
fracturing with an NOI (Form 3160-5), the following information must 
also be submitted:
    (i) A surface use plan of operations, if the hydraulic fracturing 
operation would cause additional surface disturbance; and
    (ii) Documentation required in paragraph (e) or other documentation 
demonstrating to the authorized officer that the casing and cement have 
isolated usable water zones, if the proposal is to hydraulically 
fracture a well that was completed without hydraulic fracturing.
    (7) The authorized officer may request additional information prior 
to the approval of the NOI (Form 3160-5) or APD.
    (e) Monitoring and verification of cementing operations prior to 
hydraulic fracturing. (1)(i) During cementing operations on any casing 
used to isolate and protect usable water zones, the operator must 
monitor and record the flow rate, density, and pump pressure, and submit 
a cement operation monitoring report for each casing string used to 
isolate and protect usable water to the authorized officer prior to 
commencing hydraulic fracturing operations. The cement operation 
monitoring report must be provided at least

[[Page 467]]

48 hours prior to commencing hydraulic fracturing operations unless the 
authorized officer approves a shorter time.
    (ii) For any well completed pursuant to an APD that did not 
authorize hydraulic fracturing operations, the operator must submit 
documentation to demonstrate that adequate cementing was achieved for 
all casing strings designed to isolate and protect usable water. The 
operator must submit the documentation with its request for approval of 
hydraulic fracturing operations, or no less than 48 hours prior to 
conducting hydraulic fracturing operations if no prior approval is 
required, pursuant to paragraph (a) of this section. The authorized 
officer may approve the hydraulic fracturing of the well only if the 
documentation provides assurance that the cementing was sufficient to 
isolate and to protect usable water, and may require such additional 
tests, verifications, cementing or other protection or isolation 
operations, as the authorized officer deems necessary.
    (2) Prior to starting hydraulic fracturing operations, the operator 
must determine and document that there is adequate cement for all casing 
strings used to isolate and protect usable water zones as follows:
    (i) Surface casing. The operator must observe cement returns to 
surface and document any indications of inadequate cement (such as, but 
not limited to, lost returns, cement channeling, gas cut mud, failure of 
equipment, or fallback from the surface exceeding 10 percent of surface 
casing setting depth or 200 feet, whichever is less). If there are 
indications of inadequate cement, then the operator must determine the 
top of cement with a CEL, temperature log, or other method or device 
approved in advance by the authorized officer.
    (ii) Intermediate and production casing. (A) If the casing is not 
cemented to surface, then the operator must run a CEL to demonstrate 
that there is at least 200 feet of adequately bonded cement between the 
zone to be hydraulically fractured and the deepest usable water zone.
    (B) If the casing is cemented to surface, then the operator must 
follow the requirements of paragraph (e)(2)(i) of this section.
    (3) For any well, if there is an indication of inadequate cement on 
any casing used to isolate usable water, then the operator must:
    (i) Notify the authorized officer within 24 hours of discovering the 
inadequate cement;
    (ii) Submit an NOI (Form 3160-5) to the authorized officer 
requesting approval of a plan to perform remedial action to achieve 
adequate cement. The plan must include the supporting documentation and 
logs required under paragraph (e)(2) of this section. In emergency 
situations, an operator may request oral approval from the authorized 
officer for actions to be undertaken to remediate the cement. However, 
such requests must be followed by a written notice filed not later than 
the fifth business day following oral approval;
    (iii) Verify that the remedial action was successful with a CEL or 
other method approved in advance by the authorized officer;
    (iv) Submit a Sundry Notice and Report on Wells (Form 3160-5) as a 
subsequent report for the remedial action including:
    (A) A signed certification that the operator corrected the 
inadequate cement job in accordance with the approved plan; and
    (B) The results from the CEL or other method approved by the 
authorized officer showing that there is adequate cement.
    (v) The operator must submit the results from the CEL or other 
method approved by the authorized officer (see paragraph (e)(3)(iv)(B) 
of this section) at least 72 hours before starting hydraulic fracturing 
operations.
    (f) Mechanical integrity testing prior to hydraulic fracturing. 
Prior to hydraulic fracturing, the operator must perform a successful 
mechanical integrity test, as follows:
    (1) If hydraulic fracturing through the casing is proposed, the 
casing must be tested to not less than the maximum anticipated surface 
pressure that will be applied during the hydraulic fracturing process.

[[Page 468]]

    (2) If hydraulic fracturing through a fracturing string is proposed, 
the fracturing string must be inserted into a liner or run on a packer-
set not less than 100 feet below the cement top of the production or 
intermediate casing. The fracturing string must be tested to not less 
than the maximum anticipated surface pressure minus the annulus pressure 
applied between the fracturing string and the production or intermediate 
casing.
    (3) The mechanical integrity test will be considered successful if 
the pressure applied holds for 30 minutes with no more than a 10 percent 
pressure loss.
    (g) Monitoring and recording during hydraulic fracturing.
    (1) During any hydraulic fracturing operation, the operator must 
continuously monitor and record the annulus pressure at the bradenhead. 
The pressure in the annulus between any intermediate casings and the 
production casing must also be continuously monitored and recorded. A 
continuous record of all annuli pressure during the fracturing operation 
must be submitted with the required Subsequent Report Sundry Notice 
(Form 3160-5) identified in paragraph (i) of this section.
    (2) If during any hydraulic fracturing operation any annulus 
pressure increases by more than 500 pounds per square inch as compared 
to the pressure immediately preceding the stimulation, the operator must 
stop the hydraulic fracturing operation, take immediate corrective 
action to control the situation, orally notify the authorized officer as 
soon as practicable, but no later than 24 hours following the incident, 
and determine the reasons for the pressure increase. Prior to 
recommencing hydraulic fracturing operations, the operator must perform 
any remedial action required by the authorized officer, and successfully 
perform a mechanical integrity test under paragraph (f) of this section. 
Within 30 days after the hydraulic fracturing operations are completed, 
the operator must submit a report containing all details pertaining to 
the incident, including corrective actions taken, as part of a 
Subsequent Report Sundry Notice (Form 3160-5).
    (h) Management of Recovered Fluids. Except as provided in paragraphs 
(h)(1) and ((2) of this section, all fluids recovered between the 
commencement of hydraulic fracturing operations and the authorized 
officer's approval of a produced water disposal plan under BLM 
requirements must be stored in rigid enclosed, covered, or netted and 
screened above-ground tanks. The tanks may be vented, unless Federal 
law, or State regulations (on Federal lands) or tribal regulations (on 
Indian lands) require vapor recovery or closed-loop systems. The tanks 
must not exceed a 500 barrel (bbl) capacity unless approved in advance 
by the authorized officer.
    (1) The authorized officer may approve an application to use lined 
pits only if the applicant demonstrates that use of a tank as described 
in this paragraph (h) is infeasible for environmental, public health or 
safety reasons and only if, at a minimum, all of the following 
conditions apply:
    (i) The distance from the pit to intermittent or ephemeral streams 
or water sources would be at least 300 feet;
    (ii) The distance from the pit to perennial streams, springs, fresh 
water sources, or wetlands would be at least 500 feet;
    (iii) There is no usable groundwater within 50 feet of the surface 
in the area where the pit would be located;
    (iv) The distance from the pit to any occupied residence, school, 
park, school bus stop, place of business, or other areas where the 
public could reasonably be expected to frequent would be greater than 
300 feet;
    (v) The pit would not be constructed in fill or unstable areas;
    (vi) The construction of the pit would not adversely impact the 
hydrologic functions of a 100-year floodplain; and
    (vii) Pit use and location complies with applicable local, State (on 
Federal lands), tribal (on Indian lands) and other Federal statutes and 
regulations including those that are more stringent than these 
regulations.
    (2) Pits approved by the authorized officer must be:
    (i) Lined with a durable, leak-proof synthetic material and equipped 
with a leak detection system; and

[[Page 469]]

    (ii) Routinely inspected and maintained, as required by the 
authorized officer, to ensure that there is no fluid leakage into the 
environment. The operator must document all inspections.
    (i) Information that must be provided to the authorized officer 
after hydraulic fracturing is completed. The information required in 
paragraphs (i)(1) through (10) of this section must be submitted to the 
authorized officer within 30 days after the completion of the last stage 
of hydraulic fracturing operations for each well. The information is 
required for each well, even if the authorized officer approved 
fracturing of a group of wells (see Sec. 3162.3-3(c)). The information 
required in paragraph (i)(1) of this section must be submitted to the 
authorized officer through FracFocus or another BLM-designated database, 
or in a Subsequent Report Sundry Notice (Form 3160-5). If information is 
submitted through FracFocus or another BLM-designated database, the 
operator must specify that the information is for a Federal or an Indian 
well, certify that the information is both timely filed and correct, and 
certify compliance with applicable law as required by paragraph 
(i)(8)(ii) or (iii) of this section using FracFocus or another BLM-
designated database. The information required in paragraphs (i)(2) 
though (10) of this section must be submitted to the authorized officer 
in a Subsequent Report Sundry Notice (Form 3160-5). The operator is 
responsible for the information submitted by a contractor or agent, and 
the information will be considered to have been submitted directly from 
the operator to the BLM. The operator must submit the following 
information:
    (1) The true vertical depth of the well, total water volume used, 
and a description of the base fluid and each additive in the hydraulic 
fracturing fluid, including the trade name, supplier, purpose, 
ingredients, Chemical Abstract Service Number (CAS), maximum ingredient 
concentration in additive (percent by mass), and maximum ingredient 
concentration in hydraulic fracturing fluid (percent by mass).
    (2) The actual source(s) and location(s) of the water used in the 
hydraulic fracturing fluid;
    (3) The maximum surface pressure and rate at the end of each stage 
of the hydraulic fracturing operation and the actual flush volume.
    (4) The actual, estimated, or calculated fracture length, height and 
direction.
    (5) The actual measured depth of perforations or the open-hole 
interval.
    (6) The total volume of fluid recovered between the completion of 
the last stage of hydraulic fracturing operations and when the operator 
starts to report water produced from the well to the Office of Natural 
Resources Revenue. If the operator has not begun to report produced 
water to the Office of Natural Resources Revenue when the Subsequent 
Report Sundry Notice is submitted, the operator must submit a 
supplemental Subsequent Report Sundry Notice (Form 3160-5) to the 
authorized officer documenting the total volume of recovered fluid.
    (7) The following information concerning the handling of fluids 
recovered, covering the period between the commencement of hydraulic 
fracturing and the implementation of the approved plan for the disposal 
of produced water under BLM requirements:
    (i) The methods of handling the recovered fluids, including, but not 
limited to, transfer pipes and tankers, holding pond use, re-use for 
other stimulation activities, or injection; and
    (ii) The disposal method of the recovered fluids, including, but not 
limited to, the percent injected, the percent stored at an off-lease 
disposal facility, and the percent recycled.
    (8) A certification signed by the operator that:
    (i) The operator complied with the requirements in paragraphs (b), 
(e), (f), (g), and (h) of this section;
    (ii) For Federal lands, the hydraulic fracturing fluid constituents, 
once they arrived on the lease, complied with all applicable permitting 
and notice requirements as well as all applicable Federal, State, and 
local laws, rules, and regulations; and
    (iii) For Indian lands, the hydraulic fracturing fluid constituents, 
once they arrived on the lease, complied with all applicable permitting 
and notice requirements as well as all applicable

[[Page 470]]

Federal and tribal laws, rules, and regulations.
    (9) The operator must submit the result of the mechanical integrity 
test as required by paragraph (f) of this section.
    (10) The authorized officer may require the operator to provide 
documentation substantiating any information submitted under paragraph 
(i) of this section.
    (j) Identifying information claimed to be exempt from public 
disclosure. (1) For the information required in paragraph (i) of this 
section, the operator and the owner of the information will be deemed to 
have waived any right to protect from public disclosure information 
submitted with a Subsequent Report Sundry Notice (Form 3160-5) or 
through FracFocus or another BLM-designated database. For information 
required in paragraph (i) of this section that the owner of the 
information claims to be exempt from public disclosure and is withheld 
from the BLM, a corporate officer, managing partner, or sole proprietor 
of the operator must sign and the operator must submit to the authorized 
officer with the Subsequent Report Sundry Notice (Form 3160-5) required 
in paragraph (i) of this section an affidavit that:
    (i) Identifies the owner of the withheld information and provides 
the name, address and contact information for a corporate officer, 
managing partner, or sole proprietor of the owner of the information;
    (ii) Identifies the Federal statute or regulation that would 
prohibit the BLM from publicly disclosing the information if it were in 
the BLM's possession;
    (iii) Affirms that the operator has been provided the withheld 
information from the owner of the information and is maintaining records 
of the withheld information, or that the operator has access and will 
maintain access to the withheld information held by the owner of the 
information;
    (iv) Affirms that the information is not publicly available;
    (v) Affirms that the information is not required to be publicly 
disclosed under any applicable local, State or Federal law (on Federal 
lands), or tribal or Federal law (on Indian lands);
    (vi) Affirms that the owner of the information is in actual 
competition and identifies competitors or others that could use the 
withheld information to cause the owner of the information substantial 
competitive harm;
    (vii) Affirms that the release of the information would likely cause 
substantial competitive harm to the owner of the information and 
provides the factual basis for that affirmation; and
    (viii) Affirms that the information is not readily apparent through 
reverse engineering with publicly available information.
    (2) If the operator relies upon information from third parties, such 
as the owner of the withheld information, to make the affirmations in 
paragraphs (j)(1)(vi) through (viii) of this section, the operator must 
provide a written affidavit from the third party that sets forth the 
relied-upon information.
    (3) The BLM may require any operator to submit to the BLM any 
withheld information, and any information relevant to a claim that 
withheld information is exempt from public disclosure.
    (4) If the BLM determines that the information submitted under 
paragraph (j)(3) of this section is not exempt from disclosure, the BLM 
will make the information available to the public after providing the 
operator and owner of the information with no fewer than 10 business 
days' notice of the BLM's determination.
    (5) The operator must maintain records of the withheld information 
until the later of the BLM's approval of a final abandonment notice, or 
6 years after completion of hydraulic fracturing operations on Indian 
lands, or 7 years after completion of hydraulic fracturing operations on 
Federal lands. Any subsequent operator will be responsible for 
maintaining access to records required by this paragraph during its 
operation of the well. The operator will be deemed to be maintaining the 
records if it can promptly provide the complete and accurate information 
to BLM, even if the information is in the custody of its owner.
    (6) If any of the chemical identity information required in 
paragraph (i)(1) of this section is withheld, the operator must provide 
the generic chemical

[[Page 471]]

name in the submission required by paragraph (i)(1) of this section. The 
generic chemical name must be only as nonspecific as is necessary to 
protect the confidential chemical identity, and should be the same as or 
no less descriptive than the generic chemical name provided to the 
Environmental Protection Agency.
    (k) Requesting a variance from the requirements of this section.
    (1) Individual variance: The operator may make a written request to 
the authorized officer for a variance from the requirements under this 
section. A request for an individual variance must specifically identify 
the regulatory provision of this section for which the variance is being 
requested, explain the reason the variance is needed, and demonstrate 
how the operator will satisfy the objectives of the regulation for which 
the variance is being requested.
    (2) State or tribal variance: In cooperation with a State (for 
Federal lands) or a tribe (for Indian lands), the appropriate BLM State 
Director may issue a variance that would apply to all wells within a 
State or within Indian lands, or to specific fields or basins within the 
State or the Indian lands, if the BLM finds that the variance meets the 
criteria in paragraph (k)(3) of this section. A State or tribal variance 
request or decision must specifically identify the regulatory 
provision(s) of this section for which the variance is being requested, 
explain the reason the variance is needed, and demonstrate how the 
operator will satisfy the objectives of the regulation for which the 
variance is being requested. A State or tribal variance may be initiated 
by the State, tribe, or the BLM.
    (3) The authorized officer (for an individual variance), or the 
State Director (for a State or tribal variance), after considering all 
relevant factors, may approve the variance, or approve it with one or 
more conditions of approval, only if the BLM determines that the 
proposed alternative meets or exceeds the objectives of the regulation 
for which the variance is being requested. The decision whether to grant 
or deny the variance request must be in writing and is entirely within 
the BLM's discretion. The decision on a variance request is not subject 
to administrative appeals either to the State Director (for an 
individual variance) or under 43 CFR part 4.
    (4) A variance under this section does not constitute a variance to 
provisions of other regulations, laws, or orders.
    (5) Due to changes in Federal law, technology, regulation, BLM 
policy, field operations, noncompliance, or other reasons, the BLM 
reserves the right to rescind a variance or modify any conditions of 
approval. The authorized officer must provide a written justification 
before a variance is rescinded or a condition of approval is modified.

[80 FR 16218, Mar. 26, 2015, as amended at 80 FR 16577, Mar. 30, 2015]



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

[[Page 472]]

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, 
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 must keep accurate and complete records with 
respect to:
    (1) All lease operations, including, but not limited to, drilling, 
producing, redrilling, repairing, plugging back, and abandonment 
operations;
    (2) Production facilities and equipment (including schematic 
diagrams as required by applicable orders and notices); and
    (3) Determining and verifying the quantity, quality, and disposition 
of production from or allocable to Federal or Indian leases (including 
source records).
    (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 must be 
maintained for the following time periods:
    (1) For Federal leases and units or communitized areas that include 
Federal leases, but do not include Indian leases:
    (i) Seven years after the records are generated; unless,
    (ii) A judicial proceeding or demand involving such records is 
timely commenced, in which case the record holder must maintain such 
records until the final nonappealable decision in such judicial 
proceeding is made, or with respect to that demand is rendered, unless 
the Secretary or the applicable delegated State authorizes in writing an 
earlier release of the requirement to maintain such records.
    (2) For Indian leases, and units or communitized areas that include 
Indian leases, but do not include Federal leases:
    (i) Six years after the records are generated; unless,
    (ii) The Secretary or his/her designee notifies the record holder 
that the Department has initiated or is participating in an audit or 
investigation involving such records, in which case the record holder 
must maintain such records until the Secretary or his/her designee 
releases the record holder from the obligation to maintain the records.
    (3) For units and communitized areas that include both Federal and 
Indian leases, 6 years after the records are generated, unless the 
Secretary or his/her designee has notified the record holder within 
those 6 years that an audit or investigation involving such records has 
been initiated, then:
    (i) If a judicial proceeding or demand is commenced within 7 years 
after the records are generated, the record holder must retain all 
records regarding production from the lease, unit or communitization 
agreement until the final nonappealable decision in such judicial 
proceeding is made, or with respect to that demand is rendered, unless 
the Secretary or his/her designee authorizes in writing a release of the 
requirement to maintain such records before a final nonappealable 
decision is made or rendered;
    (ii) If a judicial proceeding or demand is not commenced within 7 
years after the records are generated, the record holder must retain all 
records regarding production from the unit or communitized area until 
the Secretary

[[Page 473]]

or his/her designee releases the record holder from the obligation to 
maintain the records.
    (e) Record holders include lessees, operators, purchasers, 
transporters, and any other person directly involved in producing, 
transporting, purchasing, or selling, including measuring, oil or gas 
through the point of royalty measurement or the point of first sale, 
whichever is later. Record holders must maintain records generated 
during or for the period for which the lessee or operator has an 
interest in or conducted operations on the lease, or in which a person 
is involved in transporting, purchasing, or selling production from the 
lease, for the period of time required in paragraph (d) of this section.

[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583, 
Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 52 FR 5391, Feb. 20, 1987; 
53 FR 17363, May 16, 1988; 81 FR 81419, Nov. 17, 2016]



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, 
Aug. 12, 1983, further amended at 53 FR 17363, May 16, 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.

[[Page 474]]

    (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, 
Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988; 53 FR 
22847, June 17, 1988]



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 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 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 usable water and other minerals. The operator must 
isolate all usable water 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, 
Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988; 80 FR 
16222, Mar. 26, 2015]



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, 
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 identification sign. All signs shall be 
maintained in a legible condition.
    (b) For wells located on Federal and Indian lands, the operator must 
properly identify, by a sign in a conspicuous place, each well, other 
than those permanently abandoned. The well sign must include the well 
number, the name of the operator, the lease serial number, and 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 or longitude and latitude). 
When specifically requested by the authorized officer, the sign must 
include the unit or communitization agreement 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.
    (c) All facilities at which oil or gas produced from a Federal or 
Indian lease is stored, measured, or processed must be clearly 
identified with a sign that contains the name of the operator,

[[Page 475]]

the lease serial number or communitization or unit agreement 
identification number, as appropriate, and 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 or longitude and latitude). On Indian leases, the sign also 
must include the name of the appropriate tribe and whether the lease is 
tribal or allotted. For situations of one tank battery servicing one 
well in the same location, the requirements of this paragraph and 
paragraph (b) of this section may be met by one sign as long as it 
includes the information required by both paragraphs. In addition, each 
storage tank must be clearly identified by a unique number. With regard 
to the quarter-quarter designation and the unique tank number, any such 
designation established by State law or regulation satisfies this 
requirement.
    (d) All signs must be maintained in legible condition and must be 
clearly apparent to any person at or approaching the storage, 
measurement, or transportation point.
    (e) 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; 81 
FR 81420, Nov. 17, 2016]



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

[[Page 476]]

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.

[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583, 
Aug. 12, 1983; 49 FR 37364, Sept. 21, 1984; 53 FR 17363, May 16, 1988; 
81 FR 81420, Nov. 17, 2016]



Sec. 3162.7-2  Measurement of oil.

    All oil removed or sold from a lease, communitized area, or unit 
participating area must be measured under subpart 3174 of this title. 
All measurement must be on the lease, communitized area, or unit from 
which the oil originated and must not be commingled with oil originating 
from other sources, unless approved by the authorized officer under the 
provisions of subpart 3173 of this title.

[81 FR 81504, Nov. 17, 2016]



Sec. 3162.7-3  Measurement of gas.

    All gas removed or sold from a lease, communitized area, or unit 
participating area must be measured under subpart 3175 of this chapter. 
All measurement must be on the lease, communitized area, or unit from 
which the gas originated and must not be commingled with gas originating 
from other sources unless approved by the authorized officer under 
subpart 3173 of this chapter.

[81 FR 81609, Nov. 17, 2016]



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 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.

[[Page 477]]

    (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 well).  X
6. Idle producer (not operated)...............
7. New well, completed June 17; produced for    X
 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]



         Subpart 3163_Noncompliance, Assessments, and Penalties



Sec. 3163.1  Remedies for acts of noncompliance.

    (a) Whenever any person 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 
that person in writing of the violation or default.
    (1) For major violations, the authorized officer may also subject 
the person to an assessment of $1,000 per violation, per inspection.
    (2) For minor violations, the authorized officer may also subject 
the person to an assessment of $250 per violation, per inspection.
    (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 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 
nature as

[[Page 478]]

to warrant the imposition of immediate major assessments upon discovery, 
as compared to those established by paragraph (a) of this section. Upon 
discovery the following violations, as well as the violations identified 
in subparts 3173, 3174, and 3175 of this chapter, will result in 
assessments in the specified amounts per violation, per inspection, 
without exception:
    (1) For failure to install blowout preventer or other equivalent 
well control equipment, as required by the approved drilling plan, 
$1,000;
    (2) For drilling without approval or for causing surface disturbance 
on Federal or Indian surface preliminary to drilling without approval, 
$1,000;
    (3) For failure to obtain approval of a plan for well abandonment 
prior to commencement of such operations, $500.
    (c) 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 will 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; 81 FR 81609, Nov. 
17, 2016]



Sec. 3163.2  Civil penalties.

    (a)(1) Whenever any person 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 will 
notify the person 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.
    (2) Whenever a purchaser or transporter who is not an operating 
rights owner or operator fails or refuses to comply with 30 U.S.C. 1713 
or applicable rules or regulations regarding records relevant to 
determining the quality, quantity, and disposition of oil or gas 
produced from or allocable to a Federal or Indian oil and gas lease, the 
authorized officer will notify the purchaser or transporter, as 
appropriate, in writing of the violation.
    (b)(1) If the violation specified in paragraph (a) of this section 
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 person will 
be liable for a civil penalty of up to $1,031 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 Sec. 3163.1(a)(1) will 
be deducted from penalties under this section.
    (2) 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 person 
will be liable for a civil penalty of up to $10,483 per violation for 
each day the violation continues, dating from the date of such notice or 
report. Any amount imposed and paid as assessments under 
Sec. 3163.1(a)(1) will 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 chapter, the transporter is liable for a civil 
penalty of up to $1,048 per day for the violation, dating from the date 
of notice of the failure to permit inspection and continuing until the 
proper documentation is provided. If the violation continues beyond 20 
days, the authorized officer will revoke the transporter's authority to 
remove crude oil produced from, or allocated to, any Federal or Indian 
lease under the authority of that authorized officer. This revocation of 
the transporter's authority will continue until the transporter provides 
proper documentation and pays any related penalty.
    (e) Any person is liable for a civil penalty of up to $20,965 per 
violation for each day such violation continues, if the person:

[[Page 479]]

    (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 is liable for a civil penalty of up to $52,414 per 
violation for each day such violation continues, if the person:
    (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) 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 will state on the record the 
reasons for such determination.
    (h) Civil penalties provided by this section are 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.

[52 FR 5393, Feb. 20, 1987; 52 FR 10225, Mar. 31, 1987, as amended at 53 
FR 17364, May 16, 1988; 81 FR 41862, June 28, 2016; 81 FR 81420, Nov. 
17, 2016]

    Editorial Note: At 82 FR 6307, Jan. 19, 2017, Sec. 3163.2, 
paragraphs (a), (g)(1), and (g)(2)(ii) were amended; however, the 
amendments could not be incorporated due to inaccurate amendatory 
instructions.



Sec. 3163.3  Criminal penalties.

    Any person who commits an act for which a civil penalty is provided 
in Sec. 3163.2(f) 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.

[70 FR 75954, Dec. 22, 2005]



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

[[Page 480]]

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, 
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:
    (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            May 7, 2007..............................  71 FR................  NTL-6.
        operations.
  2.   Drilling.............  Dec. 19, 1988............................  53 FR 46798..........  None.
  6.   Hydrogen sulfide       Jan. 22, 1991............................  55 FR 48958..........  None.
        operations.
  7.   Disposal of produced   October 8, 1993..........................  58 FR 47354..........  NTL-2B
        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, 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; 
55 FR 48958, Nov. 23, 1990; 57 FR 3025, Jan. 27, 1992; 58 FR 47361, 
Sept. 8, 1993; 58 FR 58505, Nov. 2, 1993; 72 FR 1038, Mar. 7, 2007; 81 
FR 81421, 81504, 81609, Nov. 17, 2016]



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 481]]

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, 
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, 
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, 
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. (1) Whenever any person fails to comply with any 
provisions of the lease, the regulations in this part, applicable orders 
or notices, or any other appropriate order of the authorized officer, 
the authorized officer will

[[Page 482]]

issue a written notice or order to the appropriate party and the 
lessee(s) to remedy any defaults or violations.
    (2) Whenever any purchaser or transporter, who is not an operating 
rights owner or operator, fails or refuses to comply with 30 U.S.C. 1713 
or applicable rules or regulations regarding records relevant to 
determining the quality, quantity, and disposition of oil or gas 
produced from or allocable to a Federal or Indian oil and gas lease, 
applicable orders or notices, or any other appropriate orders of the 
authorized officer, the authorized officer will give written notice or 
order to the purchaser or transporter to remedy any violations.
    (3) Written orders or a notice of violation, assessment, or proposed 
penalty will be issued and served by personal service by the authorized 
officer, or by certified mail, return receipt requested. Service will be 
deemed to occur when the document is received or 7 business days after 
the date it is mailed, whichever is earlier.
    (4) Any person may designate a representative to receive any notice 
of violation, order, assessment, or proposed penalty on that person's 
behalf.
    (5) In the case of a major violation, the authorized officer will 
make a good faith effort to contact such designated representative by 
telephone, to be followed by a written notice or order. Receipt of a 
notice or order will be deemed to occur at the time of such verbal 
communication, and the time of notice and the name of the receiving 
party will be documented in the file. If the good faith effort to 
contact the designated representative is unsuccessful, notice of the 
major violation or order may be given to any person conducting or 
supervising operations subject to the regulations in this part.
    (6) In the case of a minor violation, the authorized officer will 
only provide a written notice or order to the designated representative.
    (7) A copy of all orders, notices, or instructions served on any 
contractor or field employee or designated representative will also be 
mailed to the operator. Any notice involving a civil penalty against an 
operator will be mailed to the operator, with a copy 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

[[Page 483]]

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. The State Director 
will issue a final decision within 10 business days after the receipt of 
a complete request for administrative review or, where oral presentation 
has been made, within 10 business days after the oral presentation. The 
State Director's decision represents the final 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 for all other 
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 threatening 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; 66 FR 1894, Jan. 10, 2001; 81 FR 81421, Nov. 17, 
2016]



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)

[[Page 484]]

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 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.
    (4) When an appeal is filed under paragraph (a) of this section from 
a decision to require drainage protection, BLM's drainage determination 
will remain in effect during the appeal, notwithstanding the provisions 
of 43 CFR 4.21. Compensatory royalty and interest determined under 30 
CFR Part 218 will continue to accrue throughout the appeal.
    (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

[[Page 485]]

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; 66 FR 1894, Jan. 10, 
2001]



PART 3170_ONSHORE OIL AND GAS PRODUCTION--Table of Contents



          Subpart 3170_Onshore Oil and Gas Production: General

Sec.
3170.1  Authority.
3170.2  Scope.
3170.3  Definitions and acronyms.
3170.4  Prohibitions against by-pass and tampering.
3170.5  [Reserved]
3170.6  Variances.
3170.7  Required recordkeeping, records retention, and records 
          submission.
3170.8  Appeal procedures.
3170.9  Enforcement.

Subparts 3171-3172 [Reserved]

   Subpart 3173_Requirements for Site Security and Production Handling

3173.1  Definitions and acronyms.
3173.2  Storage and sales facilities--seals.
3173.3  Oil measurement system components--seals.
3173.4  Federal seals.
3173.5  Removing production from tanks for sale and transportation by 
          truck.
3173.6  Water-draining operations.
3173.7  Hot oiling, clean-up, and completion operations.
3173.8  Report of theft or mishandling of production.
3173.9  Required recordkeeping for inventory and seal records.
3173.10  Form 3160-5, Sundry Notices and Reports on Wells.
3173.11  Site facility diagram.
3173.12  Applying for a facility measurement point.
3173.13  Requirements for approved facility measurement points.
3173.14  Conditions for commingling and allocation approval (surface and 
          downhole).
3173.15  Applying for a commingling and allocation approval.
3173.16  Existing commingling and allocation approvals.
3173.17  Relationship of a commingling and allocation approval to 
          royalty-free use of production.
3173.18  Modification of a commingling and allocation approval.
3173.19  Effective date of a commingling and allocation approval.
3173.20  Terminating a commingling and allocation approval.
3173.21  Combining production downhole in certain circumstances.
3173.22  Requirements for off-lease measurement.
3173.23  Applying for off-lease measurement.
3173.24  Effective date of an off-lease measurement approval.
3173.25  Existing approved off-lease measurement.
3173.26  Relationship of off-lease measurement approval to royalty-free 
          use of production.
3173.27  Termination of off-lease measurement approval.
3173.28  Instances not constituting off-lease measurement, for which no 
          approval is required.
3173.29  Immediate assessments for certain violations.

Appendix A to Subpart 3173--Examples of Site Facility Diagrams

                     Subpart 3174_Measurement of Oil

3174.1  Definitions and acronyms.
3174.2  General requirements.
3174.3  Incorporation by reference (IBR).
3174.4  Specific measurement performance requirements.
3174.5  Oil measurement by tank gauging--general requirements.
3174.6  Oil measurement by tank gauging--procedures.
3174.7  LACT systems--general requirements.
3174.8  LACT systems--components and operating requirements.
3174.9  Coriolis measurement systems (CMS)--general requirements and 
          components.
3174.10  Coriolis meter for LACT and CMS measurement applications--
          operating requirements.
3174.11  Meter-proving requirements.
3174.12  Measurement tickets.
3174.13  Oil measurement by other methods.
3174.14  Determination of oil volumes by methods other than measurement.
3174.15  Immediate assessments.

                     Subpart 3175_Measurement of Gas

3175.10  Definitions and acronyms.
3175.20  General requirements.
3175.30  Incorporation by reference.
3175.31  Specific performance requirements.
3175.40  Measurement equipment approved by standard or make and model.

[[Page 486]]

3175.41  Flange-tapped orifice plates.
3175.42  Chart recorders.
3175.43  Transducers.
3175.44  Flow-computer software.
3175.45  Gas chromatographs.
3175.46  Isolating flow conditioners.
3175.47  Differential primary devices other than flange-tapped orifice 
          plates.
3175.48  Linear measurement devices.
3175.49  Accounting systems.
3175.60  Timeframes for compliance.
3175.61  Grandfathering.
3175.70  Measurement location.
3175.80  Flange-tapped orifice plates (primary devices).
3175.90  Mechanical recorder (secondary device).
3175.91  Installation and operation of mechanical recorders.
3175.92  Verification and calibration of mechanical recorders.
3175.93  Integration statements.
3175.94  Volume determination.
3175.100  Electronic gas measurement (secondary and tertiary device).
3175.101  Installation and operation of electronic gas measurement 
          systems.
3175.102  Verification and calibration of electronic gas measurement 
          systems.
3175.103  Flow rate, volume, and average value calculation.
3175.104  Logs and records.
3175.110  Gas sampling and analysis.
3175.111  General sampling requirements.
3175.112  Sampling probe and tubing.
3175.113  Spot samples--general requirements.
3175.114  Spot samples--allowable methods.
3175.115  Spot samples--frequency.
3175.116  Composite sampling methods.
3175.117  On-line gas chromatographs.
3175.118  Gas chromatograph requirements.
3175.119  Components to analyze.
3175.120  Gas analysis report requirements.
3175.121  Effective date of a spot or composite gas sample.
3175.125  Calculation of heating value and volume.
3175.126  Reporting of heating value and volume.
3175.130  Transducer testing protocol.
3175.131  General requirements for transducer testing.
3175.132  Testing of reference accuracy.
3175.133  Testing of influence effects.
3175.134  Transducer test reporting.
3175.135  Uncertainty determination.
3175.140  Flow-computer software testing.
3175.141  General requirements for flow-computer software testing.
3175.142  Required static tests.
3175.143  Required dynamic tests.
3175.144  Flow-computer software test reporting.
3175.150  Immediate assessments.

Appendix A to Subpart 3175--Table of Atmospheric Pressures

            Subpart 3178_Royalty-Free Use of Lease Production

3178.1  Purpose.
3178.2  Scope.
3178.3  Production on which a royalty is not due.
3178.4  Uses of oil or gas on lease, unit, or communitized area that do 
          not require prior written BLM approval for royalty-free 
          treatment of volumes used.
3178.5  Uses of oil or gas on a lease, unit, or communitized area that 
          require prior written BLM approval for royalty-free treatment 
          of volumes used.
3178.6  Uses of oil or gas moved off the lease, unit, or communitized 
          area that do not require prior written approval for royalty-
          free treatment of volumes used.
3178.7  Uses of oil or gas moved off the lease, unit, or communitized 
          area that require prior written approval for royalty-free 
          treatment of volumes used.
3178.8  Measurement or estimation of volumes of oil or gas that are used 
          royalty-free.
3178.9  Requesting approval of royalty-free treatment when approval is 
          required.
3178.10  Facility and equipment ownership.

         Subpart 3179_Waste Prevention and Resource Conservation

3179.1  Purpose.
3179.2  Scope.
3179.3  Definitions and acronyms.
3179.4  Determining when the loss of oil or gas is avoidable or 
          unavoidable.
3179.5  When lost production is subject to royalty.
3179.6  Venting prohibition.
3179.7  Gas capture requirement.
3179.8  Alternative limits on venting and flaring.
3179.9  Measuring and reporting volumes of gas vented and flared from 
          wells.
3179.10  Determinations regarding royalty-free venting or flaring.
3179.11  Other waste-prevention measures.
3179.12  Coordination with State regulatory authority.

    Flaring and Venting Gas During Drilling and Production Operations

3179.101  Well drilling.
3179.102  Well completion and related operations.
3179.103  Initial production testing.
3179.104  Subsequent well tests.
3179.105  Emergencies.

 Gas Flared or Vented From Equipment During Well Maintenance Operations

3179.201  Equipment requirements for pneumatic controllers.

[[Page 487]]

3179.202  Requirements for pneumatic chemical injection pumps or 
          pneumatic diaphragm pumps.
3179.203  Storage vessels.
3179.204  Downhole well maintenance and liquids unloading.

                    Leak Detection and Repair (LDAR)

3179.301  Operator responsibility.
3179.302  Approved instruments and methods.
3179.303  Leak detection and inspection requirements for natural gas 
          wellhead equipment, facilities, and compressors.
3179.304  Repairing leaks.
3179.305  Leak detection inspection recordkeeping.

                        State or Tribal Variances

3179.401  State or tribal requests for variances from the requirements 
          of this subpart.

    Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and 
1751; and 43 U.S.C. 1732(b), 1733, and 1740.

    Source: 81 FR 81421, Nov. 17, 2016, unless otherwise noted.



          Subpart 3170_Onshore Oil and Gas Production: General



Sec. 3170.1  Authority.

    The authorities for promulgating the regulations in this part are 
the Mineral Leasing Act, 30 U.S.C. 181 et seq.; the Mineral Leasing Act 
for Acquired Lands, 30 U.S.C. 351 et seq.; the Federal Oil and Gas 
Royalty Management Act, 30 U.S.C. 1701 et seq.; the Indian Mineral 
Leasing Act, 25 U.S.C. 396a et seq.; the Act of March 3, 1909, 25 U.S.C. 
396; the Indian Mineral Development Act, 25 U.S.C. 2101 et seq.; and the 
Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq. Each of 
these statutes gives the Secretary the authority to promulgate necessary 
and appropriate rules and regulations governing Federal and Indian 
(except Osage Tribe) oil and gas leases. See 30 U.S.C. 189; 30 U.S.C. 
359; 25 U.S.C. 396d; 25 U.S.C. 396; 25 U.S.C. 2107; and 43 U.S.C. 1740. 
Under Secretarial Order Number 3087, dated December 3, 1982, as amended 
on February 7, 1983 (48 FR 8983), and the Departmental Manual (235 DM 
1.1), the Secretary has delegated regulatory authority over onshore oil 
and gas development on Federal and Indian (except Osage Tribe) lands to 
the BLM. For Indian leases, the delegation of authority to the BLM is 
reflected in 25 CFR parts 211, 212, 213, 225, and 227. In addition, as 
authorized by 43 U.S.C. 1731(a), the Secretary has delegated to the BLM 
regulatory responsibility for oil and gas operations on Indian lands. 
235 DM 1.1.K.



Sec. 3170.2  Scope.

    The regulations in this part apply to:
    (a) All Federal onshore and Indian oil and gas leases (other than 
those of the Osage Tribe);
    (b) Indian Mineral Development Act (IMDA) agreements for oil and 
gas, unless specifically excluded in the agreement or unless the 
relevant provisions of the rule are inconsistent with the agreement;
    (c) Leases and other business agreements for the development of 
tribal energy resources under a Tribal Energy Resource Agreement entered 
into with the Secretary, unless specifically excluded in the lease, 
other business agreement, or Tribal Energy Resource Agreement;
    (d) State or private tracts committed to a federally approved unit 
or communitization agreement (CA) as defined by or established under 43 
CFR subpart 3105 or 43 CFR part 3180; and
    (e) All onshore facility measurement points where oil or gas 
produced from the leases or agreements identified earlier in this 
section is measured.



Sec. 3170.3  Definitions and acronyms.

    (a) As used in this part, the term:
    Allocated or allocation means a method or process by which 
production is measured at a central point and apportioned to the 
individual lease, or unit Participating Area (PA), or CA from which the 
production originated.
    API (followed by a number) means the American Petroleum Institute 
Manual of Petroleum Measurement Standards, with the number referring to 
the Chapter and Section in that manual.
    Audit trail means all source records necessary to verify and 
recalculate the volume and quality of oil or gas production measured at 
a facility measurement point (FMP) and reported to the Office of Natural 
Resources Revenue (ONRR).
    Authorized officer (AO) has the same meaning as defined in 43 CFR 
3000.0-5.

[[Page 488]]

    Averaging period means the previous 12 months or the life of the 
meter, whichever is shorter. For FMPs that measure production from a 
newly drilled well, the averaging period excludes production from that 
well that occurred in or before the first full month of production. (For 
example, if an oil FMP and a gas FMP were installed to measure only the 
production from a new well that first produced on April 10, the 
averaging period for this FMP would not include the production that 
occurred in April (partial month) and May (full month) of that year.)
    Bias means a shift in the mean value of a set of measurements away 
from the true value of what is being measured.
    By-pass means any piping or other arrangement around or avoiding a 
meter or other measuring device or method (or component thereof) at an 
FMP that allows oil or gas to flow without measurement. Equipment that 
permits the changing of the orifice plate of a gas meter without 
bleeding the pressure off the gas meter run (e.g., senior fitting) is 
not considered to be a by-pass.
    Commingling, for production accounting and reporting purposes, means 
combining, before the point of royalty measurement, production from more 
than one lease, unit PA, or CA, or production from one or more leases, 
unit PAs, or CAs with production from State, local governmental, or 
private properties that are outside the boundaries of those leases, unit 
PAs, or CAs. Combining production from multiple wells within a single 
lease, unit PA, or CA, or combining production downhole from different 
geologic formations within the same lease, unit PA, or CA, is not 
considered commingling for production accounting purposes.
    Communitized area means the area committed to a BLM approved 
communitization agreement.
    Communitization agreement (CA) means an agreement to combine a lease 
or a portion of a lease that cannot otherwise be independently developed 
and operated in conformity with an established well spacing or well 
development program, with other tracts for purposes of cooperative 
development and operations.
    Condition of Approval (COA) means a site-specific requirement 
included in the approval of an application that may limit or modify the 
specific actions covered by the application. Conditions of approval may 
minimize, mitigate, or prevent impacts to public lands or resources.
    Days means consecutive calendar days, unless otherwise indicated.
    Facility means:
    (i) A site and associated equipment used to process, treat, store, 
or measure production from or allocated to a Federal or Indian lease, 
unit PA, or CA that is located upstream of or at (and including) the 
approved point of royalty measurement; and
    (ii) A site and associated equipment used to store, measure, or 
dispose of produced water that is located on a lease, unit, or 
communitized area.
    Facility measurement point (FMP) means a BLM-approved point where 
oil or gas produced from a Federal or Indian lease, unit PA, or CA is 
measured and the measurement affects the calculation of the volume or 
quality of production on which royalty is owed. FMP includes, but is not 
limited to, the approved point of royalty measurement and measurement 
points relevant to determining the allocation of production to Federal 
or Indian leases, unit PAs, or CAs. However, allocation facilities that 
are part of a commingling and allocation approval under Sec. 3173.15 or 
that are part of a commingling and allocation approval approved after 
July 9, 2013, are not FMPs. An FMP also includes a meter or measurement 
facility used in the determination of the volume or quality of royalty-
bearing oil or gas produced before BLM approval of an FMP under 
Sec. 3173.12. An FMP must be located on the lease, unit, or communitized 
area unless the BLM approves measurement off the lease, unit, or CA. The 
BLM will not approve a gas processing plant tailgate meter located off 
the lease, unit, or CA, as an FMP.
    Gas means any fluid, either combustible or noncombustible, 
hydrocarbon or non-hydrocarbon, that has neither independent shape nor 
volume, but tends to expand indefinitely and exists in a gaseous state 
under metered temperature and pressure conditions.

[[Page 489]]

    Incident of Noncompliance (INC) means documentation that the BLM 
issues that identifies violations and notifies the recipient of the 
notice of required corrective actions.
    Lease has the same meaning as defined in 43 CFR 3160.0-5.
    Lessee has the same meaning as defined in 43 CFR 3160.0-5.
    NIST traceable means an unbroken and documented chain of comparisons 
relating measurements from field or laboratory instruments to a known 
standard maintained by the National Institute of Standards and 
Technology (NIST).
    Notice to lessees and operators (NTL) has the same meaning as 
defined in 43 CFR 3160.0-5.
    Off-lease measurement means measurement at an FMP that is not 
located on the lease, unit, or communitized area from which the 
production came.
    Oil means a mixture of hydrocarbons that exists in the liquid phase 
at the temperature and pressure at which it is measured. Condensate is 
considered to be oil for purposes of this part. Gas liquids extracted 
from a gas stream upstream of the approved point of royalty measurement 
are considered to be oil for purposes of this part.
    (i) Clean oil or Pipeline oil means oil that is of such quality that 
it is acceptable to normal purchasers.
    (ii) Slop oil means oil that is of such quality that it is not 
acceptable to normal purchasers and is usually sold to oil reclaimers. 
Oil that can be made acceptable to normal purchasers through special 
treatment that can be economically provided at existing or modified 
facilities or using portable equipment at or upstream of the FMP is not 
slop oil.
    (iii) Waste oil means oil that has been determined by the AO or 
authorized representative to be of such quality that it cannot be 
treated economically and put in a marketable condition with existing or 
modified lease facilities or portable equipment, cannot be sold to 
reclaimers, and has been determined by the AO to have no economic value.
    Operator has the same meaning as defined in 43 CFR 3160.0-5.
    Participating area (PA) has the same meaning as defined in 43 CFR 
3180.0-5.
    Point of royalty measurement means a BLM-approved FMP at which the 
volume and quality of oil or gas which is subject to royalty is 
measured. The point of royalty measurement is to be distinguished from 
meters that determine only the allocation of production to particular 
leases, unit PAs, CAs, or non-Federal and non-Indian properties. The 
point of royalty measurement is also known as the point of royalty 
settlement.
    Production means oil or gas removed from a well bore and any 
products derived therefrom.
    Production Measurement Team (PMT) means a panel of members from the 
BLM (which may include BLM-contracted experts) that reviews changes in 
industry measurement technology, methods, and standards to determine 
whether regulations should be updated, and provides guidance on 
measurement technologies and methods not addressed in current 
regulation. The purpose of the PMT is to act as a central advisory body 
to ensure that oil and gas produced from Federal and Indian leases is 
accurately measured and properly reported.
    Purchaser means any person or entity who legally takes ownership of 
oil or gas in exchange for financial or other consideration.
    Source record means any unedited and original record, document, or 
data that is used to determine volume and quality of production, 
regardless of format or how it was created or stored (e.g., paper or 
electronic). It includes, but is not limited to, raw and unprocessed 
data (e.g., instantaneous and continuous information used by flow 
computers to calculate volumes); gas charts; measurement tickets; 
calibration, verification, prover, and configuration reports; pumper and 
gauger field logs; volume statements; event logs; seal records; and gas 
analyses.
    Statistically significant describes a difference between two data 
sets that exceeds the threshold of significance.
    Tampering means any deliberate adjustment or alteration to a meter 
or measurement device, appropriate valve, or measurement process that 
could introduce bias into the measurement or affect the BLM's ability to

[[Page 490]]

independently verify volumes or qualities reported.
    Threshold of significance means the maximum difference between two 
data sets (a and b) that can be attributed to uncertainty effects. The 
threshold of significance is determined as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO16.000

Where:

Ts = Threshold of significance, in percent
Ua = Uncertainty (95 percent confidence) of data set a, in 
          percent
Ub = Uncertainty (95 percent confidence) of data set b, in 
          percent

    Total observed volume (TOV) means the total measured volume of all 
oil, sludges, sediment and water, and free water at the measured or 
observed temperature and pressure.
    Transporter means any person or entity who legally moves or 
transports oil or gas from an FMP.
    Uncertainty means the statistical range of error that can be 
expected between a measured value and the true value of what is being 
measured. Uncertainty is determined at a 95 percent confidence level for 
the purposes of this part.
    Unit means the land within a unit area as defined in 43 CFR 3180.0-
5.
    Unit PA means the unit participating area, if one is in effect, the 
exploratory unit if there is no associated participating area, or an 
enhanced recovery unit.
    Variance means an approved alternative to a provision or standard of 
a regulation, Onshore Oil and Gas Order, or NTL.
    (b) As used in this part, the following additional acronyms apply:
    API means American Petroleum Institute.
    BLM means the Bureau of Land Management.
    Btu means British thermal unit.
    CMS means Coriolis Measurement System.
    LACT means lease automatic custody transfer.
    OGOR means Oil and Gas Operations Report (Form ONRR-4054 or any 
successor report).
    ONRR means the Office of Natural Resources Revenue, U.S. Department 
of the Interior, and includes any successor agency.
    S&W means sediment and water.
    WIS means Well Information System or any successor electronic filing 
system.



Sec. 3170.4  Prohibitions against by-pass and tampering.

    (a) All by-passes are prohibited.
    (b) Tampering with any measurement device, component of a 
measurement device, or measurement process is prohibited.
    (c) Any by-pass or tampering with a measurement device, component of 
a measurement device, or measurement process may, together with any 
other remedies provided by law, result in an assessment of civil 
penalties for knowingly or willfully:
    (1) Taking, removing, transporting, using, or diverting oil or gas 
from a lease site without valid legal authority under 30 U.S.C. 
1719(d)(2) and 43 CFR 3163.2(f)(2); or
    (2) Preparing, maintaining, or submitting false, inaccurate, or 
misleading reports, records, or information under 30 U.S.C. 1719(d)(1) 
and 43 CFR 3163.2(f)(1).



Sec. 3170.5  [Reserved]



Sec. 3170.6  Variances.

    (a) Any party subject to a requirement of a regulation in this part 
may request a variance from that requirement.
    (1) A request for a variance must include the following:
    (i) Identification of the specific requirement from which the 
variance is requested;
    (ii) Identification of the length of time for which the variance is 
requested, if applicable;
    (iii) An explanation of the need for the variance;

[[Page 491]]

    (iv) A detailed description of the proposed alternative means of 
compliance;
    (v) A showing that the proposed alternative means of compliance will 
produce a result that meets or exceeds the objectives of the applicable 
requirement for which the variance is requested; and
    (vi) The FMP number(s) for which the variance is requested, if 
applicable.
    (2) A request for a variance must be submitted as a separate 
document from any plans or applications. A request for a variance that 
is submitted as part of a master development plan, application for 
permit to drill, right-of-way application, or application for approval 
of other types of operations, rather than submitted separately, will not 
be considered. Approval of a plan or application that contains a request 
for a variance does not constitute approval of the variance. A separate 
request for a variance may be submitted simultaneously with a plan or 
application. For plans or applications that are contingent upon the 
approval of the variance request, the BLM encourages the simultaneous 
submission of the variance request and the plan or application.
    (3) The party requesting the variance must file the request and any 
supporting documents using WIS. If electronic filing is not possible or 
practical, the operator may submit a request for variance on the Form 
3160-5, Sundry Notices and Reports on Wells (Sundry Notice) to the BLM 
Field Office having jurisdiction over the lands described in the 
application.
    (4) The AO, after considering all relevant factors, may approve the 
variance, or approve it with COAs, only if the AO determines that:
    (i) The proposed alternative means of compliance meets or exceeds 
the objectives of the applicable requirement(s) of the regulation;
    (ii) Approving the variance will not adversely affect royalty income 
and production accountability; and
    (iii) Issuing the variance is consistent with maximum ultimate 
economic recovery, as defined in 43 CFR 3160.0-5.
    (5) The decision whether to grant or deny the variance request is 
entirely within the BLM's discretion.
    (6) A variance from the requirements of a regulation in this part 
does not constitute a variance from provisions of other regulations, 
including Onshore Oil and Gas Orders.
    (b) The BLM reserves the right to rescind a variance or modify any 
COA of a variance due to changes in Federal law, technology, regulation, 
BLM policy, field operations, noncompliance, or other reasons. The BLM 
will provide a written justification if it rescinds a variance or 
modifies a COA.



Sec. 3170.7  Required recordkeeping, records retention, and records
submission.

    (a) Lessees, operators, purchasers, transporters, and any other 
person directly involved in producing, transporting, purchasing, 
selling, or measuring oil or gas through the point of royalty 
measurement or the point of first sale, whichever is later, must retain 
all records, including source records, that are relevant to determining 
the quality, quantity, disposition, and verification of production 
attributable to Federal or Indian leases for the periods prescribed in 
paragraphs (c) through (e) of this section.
    (b) This retention requirement applies to records generated during 
or for the period for which the lessee or operator has an interest in or 
conducted operations on the lease, or in which a person is involved in 
transporting, purchasing, or selling production from the lease.
    (c) For Federal leases, and units or CAs that include Federal 
leases, but do not include Indian leases, the record holder must 
maintain records for:
    (1) Seven years after the records are generated; unless,
    (2) A judicial proceeding or demand involving such records is timely 
commenced, in which case the record holder must maintain such records 
until the final nonappealable decision in such judicial proceeding is 
made, or with respect to that demand is rendered, unless the Secretary 
or his/her designee or the applicable delegated State authorizes in 
writing an earlier release of the requirement to maintain such records.
    (d) For Indian leases, and units or CAs that include Indian leases, 
but do

[[Page 492]]

not include Federal leases, the record holder must maintain records for:
    (1) Six years after the records are generated; unless,
    (2) The Secretary or his/her designee notifies the record holder 
that the Department of the Interior has initiated or is participating in 
an audit or investigation involving such records, in which case the 
record holder must maintain such records until the Secretary or his/her 
designee releases the record holder from the obligation to maintain the 
records.
    (e) For units and communitized areas that include both Federal and 
Indian leases, 6 years after the records are generated. If the Secretary 
or his/her designee has notified the record holder within those 6 years 
that an audit or investigation involving such records has been 
initiated, then:
    (1) If a judicial proceeding or demand is commenced within 7 years 
after the records are generated, the record holder must retain all 
records regarding production from the lease, unit PA, or CA until the 
final nonappealable decision in such judicial proceeding is made, or 
with respect to that demand is rendered, unless the Secretary or his/her 
designee authorizes in writing a release of the requirement to maintain 
such records before a final nonappealable decision is made or rendered.
    (2) If a judicial proceeding or demand is not commenced within 7 
years after the records are generated, the record holder must retain all 
records regarding production from the unit or communitized area until 
the Secretary or his/her designee releases the record holder from the 
obligation to maintain the records;
    (f) The lessee, operator, purchaser, or transporter must maintain an 
audit trail.
    (g) All records, including source records, that are used to 
determine quality, quantity, disposition, and verification of production 
attributable to a Federal or Indian lease, unit PA, or CA, must include 
the FMP number or the lease, unit PA, or CA number, along with a unique 
equipment identifier (e.g., a unique tank identification number and 
meter station number), and the name of the company that created the 
record. For all facilities existing prior to the assignment of an FMP 
number, all records must include the following information:
    (1) The name of the operator;
    (2) The lease, unit PA, or CA number; and
    (3) The well or facility name and number.
    (h) Upon request of the AO, the operator, purchaser, or transporter 
must provide such records to the AO as may be required by regulation, 
written order, Onshore Order, NTL, or COA.
    (i) All records must be legible.
    (j) All records requiring a signature must also have the signer's 
printed name.



Sec. 3170.8  Appeal procedures.

    (a) BLM decisions, orders, assessments, or other actions under the 
regulations in this part are administratively appealable under the 
procedures prescribed in 43 CFR 3165.3(b), 3165.4, and part 4.
    (b) For any recommendation made by the PMT, and approved by the BLM, 
a party affected by such recommendation may file a request for 
discretionary review by the Assistant Secretary for Land and Minerals 
Management. The Assistant Secretary may delegate this review function as 
he or she deems appropriate, in which case the affected party's 
application for discretionary review must be made to the person or 
persons to whom the Assistant Secretary's review function has been 
delegated.



Sec. 3170.9  Enforcement.

    Noncompliance with any of the requirements of this part or any order 
issued under this part may result in enforcement actions under 43 CFR 
subpart 3163 or any other remedy available under applicable law or 
regulation.

Subparts 3171-3172 [Reserved]



   Subpart 3173_Requirements for Site Security and Production Handling



Sec. 3173.1  Definitions and acronyms.

    (a) As used in this subpart, the term:
    Access means the ability to:

[[Page 493]]

    (i) Add liquids to or remove liquids from any tank or piping system, 
through a valve or combination of valves or by moving liquids from one 
tank to another tank; or
    (ii) Enter any component in a measuring system affecting the 
accuracy of the measurement of the quality or quantity of the liquid 
being measured.
    Appropriate valves means those valves that must be sealed during the 
production or sales phase (e.g., fill lines, equalizer, overflow lines, 
sales lines, circulating lines, or drain lines).
    Authorized representative (AR) has the same meaning as defined in 43 
CFR 3160.0-5.
    Business day means any day Monday through Friday, excluding Federal 
holidays.
    Commingling and allocation approval (CAA) means a formal allocation 
agreement to combine production from two or more sources (leases, unit 
PAs, CAs, or non-Federal or non-Indian properties) before that product 
reaches an FMP.
    Economically marginal property means a lease, unit PA, or CA that 
does not generate sufficient revenue above operating costs, such that a 
prudent operator would opt to plug a well or shut-in the lease, unit PA, 
or CA instead of making the investments needed to achieve non-commingled 
measurement of production from that lease, unit PA, or CA. A lease, unit 
PA, or CA may be regarded as economically marginal if the operator 
demonstrates that the expected revenue (net any associated operating 
costs) generated from crude oil or natural gas production volumes on 
that property is not sufficient to cover the nominal cost of the capital 
expenditures required to achieve measurement of non-commingled 
production of oil or gas from that property over a payout period of 18 
months. A lease, unit PA, or CA can also be considered economically 
marginal if the operator demonstrates that its royalty net present value 
(RNPV), or the discounted value of the Federal or Indian royalties 
collected on revenue earned from crude oil or natural gas production on 
the lease, unit PA, or CA, over the expected life of the equipment that 
would need to be installed to achieve non-commingled measurement 
volumes, is less than the capital cost of purchasing and installing this 
equipment. Both the payout period and the RNPV are determined separately 
for each lease, unit PA, or CA oil or gas FMP. Additionally, oil FMPs 
are evaluated using estimated revenue (net of taxes and operating costs) 
from crude oil production, as defined in this section, while gas FMPs 
are evaluated using estimated revenue (net of taxes and operating costs) 
from natural gas production, as defined in this section.
    Effectively sealed means the placement of a seal in such a manner 
that the sealed component cannot be accessed, moved, or altered without 
breaking the seal.
    Free water means the measured volume of water that is present in a 
container and that is not in suspension in the contained liquid at 
observed temperature.
    Land description means a location surveyed in accordance with the 
U.S. Department of the Interior's Manual of Surveying Instructions 
(2009), that includes the quarter-quarter section, section, township, 
range, and principal meridian, or other authorized survey designation 
acceptable to the AO, such as metes-and-bounds, or latitude and 
longitude.
    Maximum ultimate economic recovery has the same meaning as defined 
in 43 CFR 3160.0-5.
    Mishandling means failing to measure or account for removal of 
production from a facility.
    Payout period means the time required, in months, for the cost of an 
investment in an oil or gas FMP for a specific lease, unit PA, or CA to 
be covered by the nominal revenue earned from crude oil production, for 
an oil FMP, or natural gas production, for a gas FMP, minus taxes, 
royalties, and any operating and variable costs. The payout period is 
determined separately for each oil or gas FMP for a given lease, unit 
PA, or CA.
    Permanent measurement facility means all equipment constructed or 
installed and used on-site for 6 months or longer, for the purpose of 
determining the quantity, quality, or storage of production, and which 
meets the definition of FMP under Sec. 3170.3.

[[Page 494]]

    Piping means a tubular system (e.g., metallic, plastic, fiberglass, 
or rubber) used to move fluids (liquids and gases).
    Production phase means that event during which oil is delivered 
directly to or through production equipment to the storage facilities 
and includes all operations at the facility other than those defined by 
the sales phase.
    Royalty Net Present Value (RNPV) means the net present value of all 
Federal or Indian royalties paid on revenue earned from crude oil 
production or natural gas production from an oil or gas FMP for a given 
lease, unit PA, or CA over the expected life of metering equipment that 
must be installed for that lease, unit PA, or CA to achieve non-
commingled measurement.
    Sales phase means that event during which oil is removed from 
storage facilities for sale at an FMP.
    Seal means a uniquely numbered device that completely secures either 
a valve or those components of a measuring system that affect the 
quality or quantity of the oil being measured.
    (b) As used in this subpart, the following additional acronyms 
apply:
    BIA means the Bureau of Indian Affairs.
    BMP means Best Management Practice.



Sec. 3173.2  Storage and sales facilities--seals.

    (a) All lines entering or leaving any oil storage tank must have 
valves capable of being effectively sealed during the production and 
sales phases unless otherwise provided under this subpart. During the 
production phase, all appropriate valves that allow unmeasured 
production to be removed from storage must be effectively sealed in the 
closed position. During any other phase (sales, water drain, or hot 
oiling), and prior to taking the top tank gauge measurement, all 
appropriate valves that allow unmeasured production to enter or leave 
the sales tank must be effectively sealed in the closed position (see 
Appendix A to subpart 3173). Each unsealed or ineffectively sealed 
appropriate valve is a separate violation.
    (b) Valves or combinations of valves and tanks that provide access 
to the production before it is measured for sales are considered 
appropriate valves and are subject to the seal requirements of this 
subpart (see Appendix A to subpart 3173). If there is more than one 
valve on a line from a tank, the valve closest to the tank must be 
sealed. All appropriate valves must be in an operable condition and 
accurately reflect whether the valve is open or closed.
    (c) The following are not considered appropriate valves and are not 
subject to the sealing requirements of this subpart:
    (1) Valves on production equipment (e.g., separator, dehydrator, gun 
barrel, or wash tank);
    (2) Valves on water tanks, provided that the possibility of access 
to production in the sales and storage tanks does not exist through a 
common circulating, drain, overflow, or equalizer system;
    (3) Valves on tanks that contain oil that has been determined by the 
AO or AR to be waste or slop oil;
    (4) Sample cock valves used on piping or tanks with a Nominal Pipe 
Size of 1 inch or less in diameter;
    (5) Fill-line valves during shipment when a single tank with a 
nominal capacity of 500 barrels (bbl) or less is used for collecting 
marginal production of oil produced from a single well (i.e., production 
that is less than 3 bbl per day). All other seal requirements of this 
subpart apply;
    (6) Gas line valves used on piping with a Nominal Pipe Size of 1 
inch or less used as tank bottom ``roll'' lines, provided there is no 
access to the contents of the storage tank and the roll lines cannot be 
used as equalizer lines;
    (7) Valves on tank heating systems that use a fluid other than the 
contents of the storage tank (i.e., steam, water, or glycol);
    (8) Valves used on piping with a Nominal Pipe Size of 1 inch or less 
connected directly to the pump body or used on pump bleed off lines;
    (9) Tank vent-line valves; and
    (10) Sales, equalizer, or fill-line valves on systems where 
production may be removed only through approved oil metering systems 
(e.g., LACT or CMS). However, any valve that allows access for removing 
oil before it is measured through the metering system

[[Page 495]]

must be effectively sealed (see Appendix A to subpart 3173).
    (d) Tampering with any appropriate valve is prohibited. Tampering 
with an appropriate valve may result in an assessment of civil penalties 
for knowingly or willfully preparing, maintaining, or submitting false, 
inaccurate, or misleading reports, records, or written information under 
30 U.S.C. 1719(d)(1) and 43 CFR 3163.2(f)(1), or knowingly or willfully 
taking, removing, transporting, using, or diverting oil or gas from a 
lease site without valid legal authority under 30 U.S.C. 1719(d)(2) and 
43 CFR 3163.2(f)(2), together with any other remedies provided by law.



Sec. 3173.3  Oil measurement system components--seals.

    (a) Components used for quantity or quality determination of oil 
must be effectively sealed to indicate tampering, including, but not 
limited to, the following components of LACT meters (see Sec. 3174.8(a)) 
and CMSs (see Sec. 3174.9(e)):
    (1) Sample probe;
    (2) Sampler volume control;
    (3) All valves on lines entering or leaving the sample container, 
excluding the safety pop-off valve (if so equipped). Each valve must be 
sealed in the open or closed position, as appropriate;
    (4) Meter assembly, including the counter head and meter head;
    (5) Temperature averager;
    (6) LACT meters or CMS;
    (7) Back pressure valve pressure adjustment downstream of the meter;
    (8) Any drain valves in the system;
    (9) Manual-sampling valves (if so equipped);
    (10) Valves on diverter lines larger than 1 inch in nominal 
diameter;
    (11) Right-angle drive;
    (12) Totalizer; and
    (13) Prover connections.
    (b) Each missing or ineffectively sealed component is a separate 
violation.



Sec. 3173.4  Federal seals.

    (a) In addition to any INC issued for a seal violation, the AO or AR 
may place one or more Federal seals on any appropriate valve, sealing 
device, or oil-metering-system component that does not comply with the 
requirements in Secs. 3173.2 and 3173.3 if the operator is not present, 
refuses to cooperate with the AO or AR, or is unable to correct the 
noncompliance.
    (b) The placement of a Federal seal does not constitute compliance 
with the requirements of Secs. 3173.2 and 3173.3.
    (c) A Federal seal may not be removed without the approval of the AO 
or AR.



Sec. 3173.5  Removing production from tanks for sale and 
transportation by truck.

    (a) When a single truck load constitutes a completed sale, the 
driver must possess documentation containing the information required in 
Sec. 3174.12.
    (b) When multiple truckloads are involved in a sale and the oil 
measurement method is based on the difference between the opening and 
closing gauges, the driver of the last truck must possess the 
documentation containing the information required in Sec. 3174.12. All 
other drivers involved in the sale must possess a trip log or manifest.
    (c) After the seals have been broken, the purchaser or transporter 
is responsible for the entire contents of the tank until it is resealed.



Sec. 3173.6  Water-draining operations.

    When water is drained from a production storage tank, the operator, 
purchaser, or transporter, as appropriate, must document the following 
information:
    (a) Federal or Indian lease, unit PA, or CA number(s);
    (b) The tank location by land description;
    (c) The unique tank number and nominal capacity;
    (d) Date of the opening gauge;
    (e) Opening gauge (gauged manually or automatically), TOV, and free-
water measurements, all to the nearest \1/2\ inch;
    (f) Unique identifying number of each seal removed;
    (g) Closing gauge (gauged manually or automatically) and TOV 
measurement to the nearest \1/2\ inch; and
    (h) Unique identifying number of each seal installed.

[[Page 496]]



Sec. 3173.7  Hot oiling, clean-up, and completion operations.

    (a) During hot oil, clean-up, or completion operations, or any other 
situation where the operator removes oil from storage, temporarily uses 
it for operational purposes, and then returns it to storage on the same 
lease, unit PA, or communitized area, the operator must document the 
following information:
    (1) Federal or Indian lease, unit PA, or CA number(s);
    (2) Tank location by land description;
    (3) Unique tank number and nominal capacity;
    (4) Date of the opening gauge;
    (5) Opening gauge measurement (gauged manually or automatically) to 
the nearest \1/2\ inch;
    (6) Unique identifying number of each seal removed;
    (7) Closing gauge measurement (gauged manually or automatically) to 
the nearest \1/2\ inch;
    (8) Unique identifying number of each seal installed;
    (9) How the oil was used; and
    (10) Where the oil was used (i.e., well or facility name and 
number).
    (b) During hot oiling, line flushing, or completion operations or 
any other situation where the operator removes production from storage 
for use on a different lease, unit PA, or communtized area, the 
production is considered sold and must be measured in accordance with 
the applicable requirements of this subpart and reported as sold to ONRR 
on the OGOR under 30 CFR part 1210 subpart C for the period covering the 
production in question.



Sec. 3173.8  Report of theft or mishandling of production.

    (a) No later than the next business day after discovery of an 
incident of apparent theft or mishandling of production, the operator, 
purchaser, or transporter must report the incident to the AO. All oral 
reports must be followed up with a written incident report within 10 
business days of the oral report.
    (b) The incident report must include the following information:
    (1) Company name and name of the person reporting the incident;
    (2) Lease, unit PA, or CA number, well or facility name and number, 
and FMP number, as appropriate;
    (3) Land description of the facility location where the incident 
occurred;
    (4) The estimated volume of production removed;
    (5) The manner in which access was obtained to the production or how 
the mishandling occurred;
    (6) The name of the person who discovered the incident;
    (7) The date and time of the discovery of the incident; and
    (8) Whether the incident was reported to local law enforcement 
agencies and/or company security.



Sec. 3173.9  Required recordkeeping for inventory and seal records.

    (a) The operator must perform an end-of-month inventory (gauged 
manually or automatically) that records: TOV in storage (measured to the 
nearest \1/2\ inch) subtracting free water, the volume not corrected for 
temperature/S&W, and the volume as reported to ONRR on the OGOR;
    (1) The end-of-month inventory must be completed within  3 days of 
the last day of the calendar month; or
    (2) The end of month inventory must be a calculated ``end of month'' 
inventory based on daily production that takes place between two 
measured inventories that are not more than 31, nor fewer than 20, days 
apart. The calculated monthly inventory is determined based on the 
following equation:

[(X + Y ^ W)/Z1] * Z2  + X = A,

Where:

A = calculated end of month inventory;
W = first inventory measurement;
X = second inventory measurement;
Y = gross sales volume between the first and second inventory;
Z1 = number of actual days produced between the first and second 
          inventory; and
Z2 = number of actual days produced between the second inventory and end 
          of calendar month for which the OGOR report is due.

    For example: If the first inventory measurement performed on January 
12 is 125 bbl, the second inventory measurement performed on February 10 
is 150 bbl, the gross sales volume between the first and second 
inventory is 198 bbl, and February is the calendar

[[Page 497]]

month for which the report is due. For purposes of this example, we 
assume February had 28 days and that the well was non-producing for two 
of those days.

[(150 bbl + 198 bbl ^ 125 bbl)/29 days] * 16 days  + 150 bbl = 273 bbl 
for the February end-of-month inventory.

    (b) For each seal, the operator must maintain a record that 
includes:
    (1) The unique identifying number of each seal and the valve or 
meter component on which the seal is or was used;
    (2) The date of installation or removal of each seal;
    (3) For valves, the position (open or closed) in which it was 
sealed; and
    (4) The reason the seal was removed.



Sec. 3173.10  Form 3160-5, Sundry Notices and Reports on Wells.

    (a) The operator must submit a Form 3160-5, Sundry Notices and 
Reports on Wells (Sundry Notice) for the following:
    (1) Site facility diagrams (see Sec. 3173.11);
    (2) Request for an FMP number (see Sec. 3173.12);
    (3) Request for FMP amendments (see Sec. 3173.13(b));
    (4) Requests for approval of off-lease measurement (see 
Sec. 3173.23);
    (5) Request to amend an approval of off-lease measurement (see 
Sec. 3173.23(k));
    (6) Requests for approval of CAAs (see Sec. 3173.15); and
    (7) Request to modify a CAA (see Sec. 3173.18).
    (b) The operator must submit all Sundry Notices electronically to 
the BLM office having jurisdiction over the lease, unit, or CA using 
WIS, unless the submitter:
    (1) Is a small business, as defined by the U.S. Small Business 
Administration; and
    (2) Does not have access to the Internet.



Sec. 3173.11  Site facility diagram.

    (a) A site facility diagram is required for all facilities.
    (b) Except for the requirement to submit a Form 3160-5, Sundry 
Notice, with the site facility diagram, no format is prescribed for site 
facility diagrams. The diagram should be formatted to fit on an 8\1/2\ x 
11 sheet of paper, if possible, and must be legible and comprehensible 
to an individual with an ordinary working knowledge of oil field 
operations (see Appendix A to subpart 3173). If more than one page is 
required, each page must be numbered (in the format ``N of X pages'').
    (c) The diagram must:
    (1) Reflect the position of the production and water recovery 
equipment, piping for oil, gas, and water, and metering or other 
measuring systems in relation to each other, but need not be to scale;
    (2) Commencing with the header, identify all of the equipment, 
including, but not limited to, the header, wellhead, piping, tanks, and 
metering systems located on the site, and include the appropriate valves 
and any other equipment used in the handling, conditioning, or disposal 
of production and water, and indicate the direction of flow;
    (3) Identify by API number the wells flowing into headers;
    (4) If another operator operates a co-located facility, depict the 
co-located facility(ies) on the diagram or list them as an attachment 
and identify them by company name, facility name(s), lease, unit PA, or 
CA number(s), and FMP number(s);
    (5) Indicate which valve(s) must be sealed and in what position 
during the production and sales phases and during the conduct of other 
production activities (e.g., circulating tanks or drawing off water), 
which may be shown by an attachment, if necessary;
    (6) When describing co-located facilities operated by one operator, 
include a skeleton diagram of the co-located facility(ies), showing 
equipment only. For storage facilities common to co-located facilities 
operated by one operator, one diagram is sufficient;
    (7) Clearly identify the lease, unit PA, or CA to which the diagram 
applies, the land description of the facility, and the name of the 
company submitting the diagram, with co-located facilities being 
identified for each lease, unit PA, or CA;
    (8) Clearly identify, on the diagram or as an attachment, all meters 
and measurement equipment. Specifically

[[Page 498]]

identify all approved and assigned FMPs; and
    (9) If the operator claims royalty-free use, clearly identify the 
equipment for which the operator claims royalty-free use. The operator 
must either:
    (i) For each engine, motor, or major component (e.g., compressor, 
separator, dehydrator, heater-treater, or tank heater) powered by 
production from the lease, unit PA, or CA, state the volume (oil or gas) 
consumed (per day or per month) and how the volume is determined; or
    (ii) Measure the volume used, by meter or tank gauge.
    (d) At facilities for which the BLM will assign an FMP number under 
Sec. 3173.12, the operator must submit a new site facility diagram as 
follows:
    (1) For facilities that become operational after January 17, 2017, 
within 30 days after the BLM assigns an FMP; or
    (2) For a facility that is in service on or before January 17, 2017, 
and that has a site facility diagram on file with the BLM that meets the 
minimum requirements of Onshore Oil and Gas Order 3, Site Security, an 
amended site facility diagram meeting the requirements of this section 
is not due until 30 days after the existing facility is modified, a non-
Federal facility located on a Federal lease or federally approved unit 
or communitized area is constructed or modified, or there is a change in 
operator.
    (e) At facilities for which an FMP number is not required under 
Sec. 3173.12 (e.g., facilities that dispose of produced water), the 
operator must submit a new site facility diagram as follows:
    (1) For new facilities in service after January 17, 2017, the new 
site facility diagram must be submitted within 30 days after the 
facility becomes operational; or
    (2) For a facility that is in service on or before January 17, 2017, 
and that has a site facility diagram on file with the BLM that meets the 
minimum requirements of Onshore Oil and Gas Order 3, Site Security, an 
amended site facility diagram meeting the requirements of this section 
is not due until 30 days after the existing facility is modified, a non-
Federal facility located on a Federal lease or federally approved unit 
or communitized area is constructed or modified, or there is a change in 
operator.
    (f) After a site facility diagram has been submitted that complies 
with the requirements of this part, the operator has an ongoing 
obligation to update and amend the diagram within 30 days after such 
facility is modified, a non-Federal facility located on a Federal lease 
or federally approved unit or communitized area is constructed or 
modified, or there is a change in operator.



Sec. 3173.12  Applying for a facility measurement point.

    (a)(1) Unless otherwise approved, the FMP(s) for all Federal and 
Indian leases, unit PAs, or CAs must be located within the boundaries of 
the lease, unit, or communitized area from which the production 
originated and must measure only production from that lease, unit PA, or 
CA.
    (2) Off-lease measurement or commingling and allocation of Federal 
or Indian production requires prior approval (see 43 CFR 3162.7-2, 
3162.7-3, 3173.15, 3173.16, 3173.24, and 3173.25).
    (b) The BLM will not approve as an FMP a gas processing plant 
tailgate meter located off the lease, unit, or communitized area.
    (c) The operator must submit separate applications for approval of 
an FMP that measures oil produced from a lease, unit PA, or CA, or under 
a CAA that complies with the requirements of this subpart, and an FMP 
that measures gas produced from the same lease, unit PA, or CA, or under 
a CAA that complies with the requirements of this subpart. This 
requirement applies even if the measurement equipment or facilities are 
at the same location.
    (d) For a permanent measurement facility that comes into service 
after January 17, 2017, the operator must apply for approval of the FMP 
before any production leaves the permanent measurement facility. This 
requirement does not apply to temporary measurement equipment used 
during well testing operations. After timely submission and prior to 
approval of an FMP request, an operator must use the lease, unit PA, or 
CA number for reporting production to ONRR, until the BLM assigns an FMP 
number, at which

[[Page 499]]

point the operator must use the FMP number for all reporting to ONRR as 
set forth in Sec. 3173.13.
    (e) For a permanent measurement facility in service on or before 
January 17, 2017, the operator must apply for BLM approval of an FMP 
within the time prescribed in this paragraph, based on the production 
level of any one of the leases, unit PAs, or CAs, whether or not they 
are part of a CAA. The deadline to apply for an FMP approval applies to 
both oil and gas measurement facilities measuring production from that 
lease, unit PA, or CA.
    (1) For a stand-alone lease, unit PA, or CA that produced 10,000 Mcf 
or more of gas per month or 100 bbl or more of oil per month, by January 
17, 2018.
    (2) For a stand-alone lease, unit PA, or CA that produced 1,500 Mcf 
or more, but less than 10,000 Mcf of gas per month, or 10 bbl or more, 
but less than 100 bbl of oil per month, by January 17, 2019.
    (3) For a stand-alone lease, unit PA, or CA that produced less than 
1,500 Mcf of gas per month or less than 10 bbl of oil per month, January 
17, 2020.
    (4) For a stand-alone lease, unit PA, or CA that has not produced 
for a year or more before January 17, 2017, the operator must apply for 
an FMP prior to the resumption of production.
    (5) The production levels identified in paragraphs (e)(1) through 
(3) of this section should be calculated using the average production of 
oil or gas over the 12 months preceding the effective date of this 
section or over the period the lease, unit PA, or CA has been in 
production, whichever is shorter.
    (6) If the operator of any facility covered by this section applies 
for an FMP approval by the deadline in this paragraph, the operator may 
continue using the lease, unit PA, or CA number for reporting production 
to ONRR, until the BLM's assigns an FMP number, at which point the 
operator must use the FMP number for all reporting to ONRR as set forth 
in Sec. 3173.13.
    (7) If the operator fails to apply for an FMP approval by the 
deadline in this paragraph, the operator will be subject to an INC and 
may also be subject to an assessment of a civil penalty under 43 CFR 
part 3160, subpart 3163, together with any other remedy available under 
applicable law or regulation.
    (f) All requests for FMP approval must include the following:
    (1) A complete Sundry Notice requesting approval of each FMP;
    (2) The applicable Measurement Type Code specified in WIS;
    (3) Information about the equipment used for oil and gas 
measurement, including, for:
    (i) ``Gas measurement,'' specify operator/purchaser/transporter 
unique station number, primary element (meter tube) size or serial 
number, and type of secondary device (mechanical or electronic);
    (ii) ``Oil measurement by tank gauge,'' specify oil tank number or 
tank serial number and size in barrels or gallons for all tanks 
associated with measurement at an FMP; and
    (iii) ``Oil measurement by LACT or CMS,'' specify whether the 
equipment is LACT or CMS and the associated oil tank number or tank 
serial number and size in barrels or gallons (there may be more than one 
tank associated with an FMP);
    (4) Where production from more than one well will flow to the 
requested FMP, list the API well numbers associated with the FMP; and
    (5) FMP location by land description.
    (g) Request for approval of an FMP may be submitted concurrently 
with separate requests for off-lease measurement and/or CAA.



Sec. 3173.13  Requirements for approved facility measurement points.

    (a) For an existing facility in service on or before January 17, 
2017, an operator must start using an FMP number for reporting 
production to ONRR on its OGOR for the fourth production month after the 
BLM assigns the FMP number(s), and every month thereafter. (For example, 
for a facility that is assigned an FMP number on January 15, 2016, the 
effective date of the FMP is the May production report.) For a new 
facility in service after January 17, 2017, an operator must start using 
an FMP number for reporting production to ONRR on its OGOR for the first 
production month after the BLM assigns the FMP number(s), and every 
month thereafter. (For example, for a facility

[[Page 500]]

that is assigned an FMP number on January 15, 2016, the effective date 
of the FMP is the February production report.)
    (b)(1) The operator must file a Sundry Notice that describes any 
changes or modifications made to the FMP within 30 days after the 
change. This requirement does not apply to temporary modifications 
(e.g., for maintenance purposes). These include any changes and 
modifications to the information listed on an application submitted 
under Sec. 3173.12.
    (2) The description must include details such as the primary 
element, secondary element, LACT/CMS meter, tank number(s), and wells or 
facilities using the FMP.
    (3) The Sundry Notice must specify what was changed and the 
effective date, and include, if appropriate, an amended site facility 
diagram (see Sec. 3173.11).



Sec. 3173.14  Conditions for commingling and allocation approval
(surface and downhole).

    (a) Subject to the exceptions provided in paragraph (b) of this 
section, the BLM may grant a CAA only if the proposed allocation method 
used for any such commingled measurement does not have the potential to 
affect the determination of the total volume or quality of production on 
which royalty owed is determined for all the Federal or Indian leases, 
unit PAs, or CAs which are proposed for commingling, and only if the 
following criteria are met:
    (1) The proposed commingling includes production from more than one:
    (i) Federal lease, unit PA, or CA, where each lease, unit PA, or CA 
proposed for commingling has 100 percent Federal mineral interest, the 
same fixed royalty rate and, and the same revenue distribution;
    (ii) Indian tribal lease, unit PA, or CA, where each lease, unit PA, 
or CA proposed for commingling is wholly owned by the same tribe and has 
the same fixed royalty rate;
    (iii) Federal unit PA or CA where each unit PA or CA proposed for 
commingling has the same proportion of Federal interest, and which 
interest is subject to the same fixed royalty rate and revenue 
distribution. (For example, the BLM could approve a commingling request 
under this paragraph where an operator proposes to commingle two Federal 
CAs of mixed ownership and both CAs are 50 percent Federal/50 percent 
private, so long as the Federal interests have the same royalty rates 
and royalty distributions.); or
    (iv) Indian unit PA or CA where each unit PA or CA proposed for 
commingling has the same proportion of Indian interests, and which 
interest is held by the same tribe and has the same fixed royalty rate; 
and
    (2) The operator or operators provide a methodology acceptable to 
BLM for allocation among the properties from which production is to be 
commingled (including a method for allocating produced water), with a 
signed agreement if there is more than one operator;
    (3) For each of the leases, unit PAs, or CAs proposed for inclusion 
in the CAA, the applicant demonstrates to the AO that a lease, unit PA, 
or CA proposed for inclusion is producing in paying quantities (or, in 
the case of Federal leases, capable of production in paying quantities) 
pending approval of the CAA; and
    (4) The FMP(s) for the proposed CAA measure production originating 
only from the leases, unit PAs, or CAs in the CAA.
    (b) The BLM may also approve a CAA in instances where the proposed 
commingling of production involves production from Federal or Indian 
leases, unit PAs, or CAs that do not meet the criteria of paragraph 
(a)(1) of this section (e.g., the commingling of leases, unit PAs, or 
CAs with different royalty rates or different distributions of revenue, 
or where the commingling involves multiple mineral ownerships). In order 
to be approved, a CAA under this subparagraph must meet the requirements 
of paragraphs (a)(2) through (4) of this section and at least one of the 
following conditions:
    (1) The Federal or Indian lease, unit PA, or CA meets the definition 
of an economically marginal property. However, if the BLM determines 
that a Federal or Indian lease, unit PA, or CA

[[Page 501]]

included in a CAA ceases to be an economically marginal property, then 
this condition is no longer met;
    (2) The average monthly production over the preceding 12 months for 
each Federal or Indian lease, unit PA, or CA proposed for the CAA on an 
individual basis is less than 1,000 Mcf of gas per month, or 100 bbl of 
oil per month;
    (3) A CAA that includes Indian leases, unit PAs, or CAs has been 
authorized under tribal law or otherwise approved by a tribe;
    (4) The CAA covers the downhole commingling of production from 
multiple formations that are covered by separate leases, unit PAs, or 
CAs, where the BLM has determined that the proposed commingling from 
those formations is an acceptable practice for the purpose of achieving 
maximum ultimate economic recovery and resource conservation; or
    (5) There are overriding considerations that indicate the BLM should 
approve a commingling application in the public interest notwithstanding 
potential negative royalty impacts from the allocation method. Such 
considerations could include topographic or other environmental 
considerations that make non-commingled measurement physically 
impractical or undesirable, in view of where additional measurement and 
related equipment necessary to achieve non-commingled measurement would 
have to be located.



Sec. 3173.15  Applying for a commingling and allocation approval.

    To apply for a CAA, the operator(s) must submit the following, if 
applicable, to the BLM office having jurisdiction over the leases, unit 
PAs, or CAs from which production is proposed to be commingled:
    (a) A completed Sundry Notice for approval of commingling and 
allocation (if off-lease measurement is a feature of the commingling and 
allocation proposal, then a separate Sundry Notice under Sec. 3173.23 is 
not necessary as long as the information required under Sec. 3173.23(b) 
through (e) and, where applicable, Sec. 3173.23(f) through (i) is 
included as part of the request for approval of commingling and 
allocation);
    (b) A completed Sundry Notice for approval of off-lease measurement 
under Sec. 3173.23, if any of the proposed FMPs are outside the 
boundaries of any of the leases, units, or CAs from which production 
would be commingled (which may be included in the same Sundry Notice as 
the request for approval of commingling and allocation), except as 
provided in paragraph (a) of this section;
    (c) A proposed allocation agreement, including an allocation 
methodology (including allocation of produced water), with an example of 
how the methodology is applied, signed by each operator of each of the 
leases, unit PAs, or CAs from which production would be included in the 
CAA;
    (d) A list of all Federal or Indian lease, unit PA, or CA numbers in 
the proposed CAA, specifying the type of production (i.e., oil, gas, or 
both) for which commingling is requested;
    (e) A topographic map or maps of appropriate scale showing the 
following:
    (1) The boundaries of all the leases, units, unit PAs, or 
communitized areas whose production is proposed to be commingled; and
    (2) The location of existing or planned facilities and the relative 
location of all wellheads (including the API number) and piping included 
in the CAA, and existing FMPs or FMPs proposed to be installed to the 
extent known or anticipated;
    (f) A surface use plan of operations (which may be included in the 
same Sundry Notice as the request for approval of commingling and 
allocation) if new surface disturbance is proposed for the FMP and its 
associated facilities are located on BLM-managed land within the 
boundaries of the lease, units, and communitized areas from which 
production would be commingled;
    (g) A right-of-way grant application (Standard Form 299), filed 
under 43 CFR part 2880, if the proposed FMP is on a pipeline, or under 
43 CFR part 2800, if the proposed FMP is a meter or storage tank. This 
requirement applies only when new surface disturbance is proposed for 
the FMP, and its associated facilities are located on BLM-managed land 
outside any of the leases, units, or communitized areas whose production 
would be commingled;

[[Page 502]]

    (h) Written approval from the appropriate surface-management agency, 
if new surface disturbance is proposed for the FMP and its associated 
facilities are located on Federal land managed by an agency other than 
the BLM;
    (i) A right-of-way grant application for the proposed FMP, filed 
under 25 CFR part 169, with the appropriate BIA office, if any of the 
proposed surface facilities are on Indian land outside the lease, unit, 
or communitized area from which the production would be commingled;
    (j) Documentation demonstrating that each of the leases, unit PAs, 
or CAs proposed for inclusion in the CAA is producing in paying 
quantities (or, in the case of Federal leases, is capable of production 
in paying quantities) pending approval of the CAA; and
    (k) All gas analyses, including Btu content (if the CAA request 
includes gas) and all oil gravities (if the CAA request includes oil) 
for previous periods of production from the leases, units, unit PAs, or 
communitized areas proposed for inclusion in the CAA, up to 6 years 
before the date of the application for approval of the CAA. Gas analysis 
and oil gravity data is not needed if the CAA falls under 
Sec. 3173.14(a)(1).



Sec. 3173.16  Existing commingling and allocation approvals.

    Upon receipt of an operator's request for assignment of an FMP 
number to a facility associated with a CAA existing on January 17, 2017, 
the AO will review the existing CAA and take the following action:
    (a) The AO will grandfather the existing CAA and associated off-
lease measurement, where applicable, if the existing CAA meets one of 
the following conditions:
    (1) The existing CAA involves downhole commingling that includes 
Federal or Indian leases, unit PAs, or CAs; or
    (2) The existing CAA is for surface commingling and the average 
production rate over the previous 12 months for each Federal or Indian 
lease, unit PA, and CA included in the CAA is:
    (i) Less than 1,000 Mcf per month for gas; or
    (ii) Less than 100 bbl per month for oil.
    (b) If the existing CAA does not meet the conditions of paragraphs 
(a)(1) or (a)(2) of this section, the AO will review the CAA for 
consistency with the minimum standards and requirements for a CAA under 
Sec. 3173.14.
    (1) The AO will notify the operator in writing of any 
inconsistencies or deficiencies with an existing CAA. The operator must 
correct any inconsistencies or deficiencies that the AO identifies, 
provide the additional information that the AO has requested, or request 
an extension of time from the AO, within 20 business days after receipt 
of the AO's notice. When the AO is satisfied that the operator has 
corrected any inconsistencies or deficiencies, the AO will terminate the 
existing CAA and grant a new CAA based on the operator's corrections.
    (2) The AO may terminate the existing CAA and grant a new CAA with 
new or amended COAs to make the approval consistent with the 
requirements under Sec. 3173.14 in connection with approving the 
requested FMP. If the operator appeals any COAs of the new CAA, the 
existing CAA approval will continue in effect during the pendency of the 
appeal.
    (3) If the existing CAA does not meet the standards and requirements 
of Sec. 3173.14 and the operator does not correct the deficiencies, the 
AO may terminate the existing CAA under Sec. 3173.20 and deny the 
request for an FMP number for the facility associated with the existing 
CAA.
    (c) If the AO grants a new CAA to replace an existing CAA under 
paragraph (b) of this section, the new CAA is effective on the first day 
of the month following its approval. Any new allocation percentages 
resulting from the new CAA will apply from the effective date of the CAA 
forward.



Sec. 3173.17  Relationship of a commingling and allocation approval
to royalty-free use of production.

    A CAA does not constitute approval of off-lease royalty-free use of 
production as fuel in facilities located at an FMP approved under the 
CAA.

[[Page 503]]



Sec. 3173.18  Modification of a commingling and allocation approval.

    (a) A CAA must be modified when there is:
    (1) A modification to the allocation agreement;
    (2) Inclusion of additional leases, unit PAs, or CAs are proposed in 
the CAA; or
    (3) Termination of or permanent production cessation from any of the 
leases, unit PAs, or CAs within the CAA.
    (b) To request a modification of a CAA, all operators must submit to 
the AO:
    (1) A completed Sundry Notice describing the modification requested;
    (2) A new allocation methodology, including an allocation 
methodology which includes allocation of produced water and an example 
of how the methodology is applied, if appropriate; and
    (3) Certification by each operator in the CAA that it agrees to the 
CAA modification.
    (c) A change in operator does not trigger the need to modify a CAA.



Sec. 3173.19  Effective date of a commingling and allocation approval.

    (a) If the BLM approves a CAA, the effective date of the CAA is the 
first day of the month following first production through the FMPs for 
the CAA.
    (b) If the BLM approves a modification, the effective date is the 
first day of the month following approval of the modification.
    (c) A CAA does not modify any of the terms of the leases, units, or 
CAs covered by the CAA.



Sec. 3173.20  Terminating a commingling and allocation approval.

    (a) The AO may terminate a CAA for any reason, including, but not 
limited to, the following:
    (1) Changes in technology, regulation, or BLM policy;
    (2) Operator non-compliance with the terms or COAs of the CAA or 
this subpart; or
    (3) The AO determines that a lease, unit, or CA subject to the CAA 
has terminated, or a unit PA subject to the CAA has ceased production.
    (b) If only one lease, unit PA, or CA remains subject to the CAA, 
the CAA terminates automatically.
    (c) An operator may terminate its participation in a CAA by 
submitting a Sundry Notice to the BLM. The Sundry Notice must identify 
the FMP(s) for the lease(s), unit PA(s), or CA(s) previously subject to 
the CAA. Termination by one operator does not mean the CAA terminates as 
to all other participating operators, so long as one of the other 
provisions of this subpart is met and the remaining operators submit a 
Sundry Notice requesting a new CAA as outlined in paragraph (e) of this 
section.
    (d) The AO will notify in writing all operators who are a party to 
the CAA of the effective date of the termination and any inconsistencies 
or deficiencies with their CAA approval that serve as the reason(s) for 
termination. The operator must correct any inconsistencies or 
deficiencies that the AO identifies, provide the additional information 
that the AO has requested, or request an extension of time from the AO, 
within 20 business days after receipt of the BLM's notice, or the CAA is 
terminated.
    (e) If a CAA is terminated, each lease, unit PA, or CA that was 
included in the CAA may require a new FMP number(s) or a new CAA. 
Operators will have 30 days to apply for a new FMP number (Sec. 3173.12) 
or CAA (Sec. 3173.15), if applicable. The existing FMP number may be 
used for production reporting until a new FMP number is assigned or CAA 
is approved.



Sec. 3173.21  Combining production downhole in certain circumstances.

    (a)(1) Combining production from a single well drilled into 
different hydrocarbon pools or geologic formations (e.g., a directional 
well) underlying separate adjacent properties (whether Federal, Indian, 
State, or private), where none of the hydrocarbon pools or geologic 
formations underlie or are common to more than one of the respective 
properties, constitutes commingling for purposes of Secs. 3173.14 
through 3173.20.
    (2) If any of the hydrocarbon pools or geologic formations underlie 
or are

[[Page 504]]

common to more than one of the properties, the operator must establish a 
unit PA (see 43 CFR part 3180) or CA (see 43 CFR 3105.2-1-3105.2-3), as 
applicable, rather than applying for a CAA.
    (b) Combining production downhole from different geologic formations 
on the same lease, unit PA, or CA in a single well requires approval of 
the AO (see 43 CFR 3162.3-2), but it is not considered commingling for 
production accounting purposes.



Sec. 3173.22  Requirements for off-lease measurement.

    The BLM will consider granting a request for off-lease measurement 
if the request:
    (a) Involves only production from a single lease, unit PA, CA, or 
CAA;
    (b) Provides for accurate production accountability;
    (c) Is in the public interest (considering factors such as BMPs, 
topographic and environmental conditions that make on-lease measurement 
physically impractical, and maximum ultimate economic recovery); and
    (d) Occurs at an approved FMP. A request for approval of an FMP (see 
Sec. 3173.12) may be filed concurrently with the request for off-lease 
measurement.



Sec. 3173.23  Applying for off-lease measurement.

    To apply for approval of off-lease measurement, the operator must 
submit the following to the BLM office having jurisdiction over the 
leases, units, or communitized areas:
    (a) A completed Sundry Notice;
    (b) Justification for off-lease measurement (considering factors 
such as BMPs, topographic and environmental issues, and maximum ultimate 
economic recovery);
    (c) A topographic map or maps of appropriate scale showing the 
following:
    (1) The boundary of the lease, unit, unit PA, or communitized area 
from which the production originates; and
    (2) The location of existing or planned facilities and the relative 
location of all wellheads (including the API number for each well) and 
piping included in the off-lease measurement proposal, and existing FMPs 
or FMPs proposed to be installed to the extent known or anticipated;
    (d) The surface ownership of all land on which equipment is, or is 
proposed to be, located;
    (e) If any of the proposed off-lease measurement facilities are 
located on non-federally owned surface, a written concurrence signed by 
the owner(s) of the surface and the owner(s) of the measurement 
facilities, including each owner's name, address, and telephone number, 
granting the BLM unrestricted access to the off-lease measurement 
facility and the surface on which it is located, for the purpose of 
inspecting any production, measurement, water handling, or 
transportation equipment located on the non-Federal surface up to and 
including the FMP, and for otherwise verifying production 
accountability. If the ownership of the non-Federal surface or of the 
measurement facility changes, the operator must obtain and provide to 
the AO the written concurrence required under this paragraph from the 
new owner(s) within 30 days of the change in ownership;
    (f) A right-of-way grant application (Standard Form 299), filed 
under 43 CFR part 2880, if the proposed off-lease FMP is on a pipeline, 
or under 43 CFR part 2800, if the proposed off-lease FMP is a meter or 
storage tank. This requirement applies only when new surface disturbance 
is proposed for the FMP and its associated facilities are located on 
BLM-managed land;
    (g) A right-of-way grant application, filed under 25 CFR part 169 
with the appropriate BIA office, if any of the proposed surface 
facilities are on Indian land outside the lease, unit, or communitized 
area from which the production originated;
    (h) Written approval from the appropriate surface-management agency, 
if new surface disturbance is proposed for the FMP and its associated 
facilities are located on Federal land managed by an agency other than 
the BLM;
    (i) An application for approval of off-lease royalty-free use (if 
required under applicable rules), if the operator proposes to use 
production from the lease, unit, or CA as fuel at the off-lease 
measurement facility without payment of royalty;

[[Page 505]]

    (j) A statement that indicates whether the proposal includes all, or 
only a portion of, the production from the lease, unit, or CA. (For 
example, gas, but not oil, could be proposed for off-lease measurement.) 
If the proposal includes only a portion of the production, identify the 
FMP(s) where the remainder of the production from the lease, unit, or CA 
is measured or is proposed to be measured; and
    (k) If the operator is applying for an amendment of an existing 
approval of off-lease measurement, the operator must submit a completed 
Sundry Notice required under paragraph (a) of this section, and 
information required under paragraphs (b) through (j) of this section to 
the extent the information previously submitted has changed.



Sec. 3173.24  Effective date of an off-lease measurement approval.

    If the BLM approves off-lease measurement, the approval is effective 
on the date that the approval is issued, unless the approval specifies a 
different effective date.



Sec. 3173.25  Existing approved off-lease measurement.

    (a) Upon receipt of an operator's request for assignment of an FMP 
number to a facility associated with an off-lease measurement approval 
existing on January 17, 2017, the AO will review the existing approved 
off-lease measurement for consistency with the minimum standards and 
requirements for an off-lease measurement approval under Sec. 3173.22. 
The AO will notify the operator in writing of any inconsistencies or 
deficiencies.
    (b) The operator must correct any inconsistencies or deficiencies 
that the AO identifies, provide any additional information the AO 
requests, or request an extension of time from the AO, within 20 
business days after receipt of the AO's notice. The extension request 
must explain the factors that will prevent the operator from complying 
within 20 days and provide a timeframe under which the operator can 
comply.
    (c) The AO may terminate the existing off-lease measurement approval 
and grant a new off-lease measurement approval with new or amended COAs 
to make the approval consistent with the requirements for off-lease 
measurement under Sec. 3173.22 in connection with approving the 
requested FMP. If the operator appeals the new off-lease measurement 
approval, the existing off-lease measurement approval will continue in 
effect during the pendency of the appeal.
    (d) If the existing off-lease measurement approval does not meet the 
standards and requirements of Sec. 3173.22 and the operator does not 
correct the deficiencies, the AO may terminate the existing off-lease 
measurement approval under Sec. 3173.27 and deny the request for an FMP 
number for the facility associated with the existing off-lease 
measurement approval.
    (e) If the existing off-lease measurement approval under this 
section is consistent with the requirements under Sec. 3173.22, then 
that existing off-lease measurement is grandfathered and will be part of 
its FMP approval.
    (f) If the BLM grants a new off-lease measurement approval to 
replace an existing off-lease measurement approval, the new approval is 
effective on the first day of the month following its approval.



Sec. 3173.26  Relationship of off-lease measurement approval
to royalty-free use of production.

    Approval of off-lease measurement does not constitute approval of 
off-lease royalty-free use of production as fuel in facilities located 
at an FMP approved under the off-lease measurement approval.



Sec. 3173.27  Termination of off-lease measurement approval.

    (a) The BLM may terminate off-lease measurement approval for any 
reason, including, but not limited to, the following:
    (1) Changes in technology, regulation, or BLM policy; or
    (2) Operator non-compliance with the terms or conditions of approval 
of the off-lease measurement approval or Secs. 3173.22 through 3173.26.
    (b) The BLM will notify the operator in writing of the effective 
date of the termination and any inconsistencies or

[[Page 506]]

deficiencies with its off-lease measurement approval that serve as the 
reason(s) for termination. The operator must correct any inconsistencies 
or deficiencies that the BLM identifies, provide any additional 
information the AO requests, or request an extension of time from the AO 
within 20 business days after receipt of the BLM's notice, or the off 
lease measurement approval terminates on the effective date.
    (c) The operator may terminate the off-lease measurement by 
submitting a Sundry Notice to the BLM. The Sundry Notice must identify 
the new FMP(s) for the lease(s), unit(s), or CA(s) previously subject to 
the off-lease measurement approval.
    (d) If off-lease measurement is terminated, each lease, unit PA, or 
CA that was subject to the off-lease measurement approval may require a 
new FMP number(s) or a new off-lease measurement approval. Operators 
will have 30 days to apply for a new FMP number or off-lease measurement 
approval, whichever is applicable. The existing FMP number may be used 
for production reporting until a new FMP number is assigned or off-lease 
measurement is approved.



Sec. 3173.28  Instances not constituting off-lease measurement,
for which no approval is required.

    (a) If the approved FMP is located on the well pad of a 
directionally or horizontally drilled well that produces oil and gas 
from a lease, unit, or communitized area on which the well pad is not 
located, measurement at the FMP does not constitute off-lease 
measurement. However, if the FMP is located off of the well pad, 
regardless of distance, measurement at the FMP constitutes off-lease 
measurement, and BLM approval is required under Secs. 3173.22 through 
3173.26.
    (b) If a lease, unit, or CA consists of more than one separate tract 
whose boundaries are not contiguous (e.g., a single lease comprises two 
or more separate tracts), measurement of production at an FMP located on 
one of the tracts is not considered to be off-lease measurement if:
    (1) The production is moved from one tract within the same lease, 
unit, or communitized area to another area of the lease, unit, or 
communitized area on which the FMP is located; and
    (2) Production is not diverted during the movement between the 
tracts before the FMP, except for production used royalty free.



Sec. 3173.29  Immediate assessments for certain violations.

    Certain instances of noncompliance warrant the imposition of 
immediate assessments upon discovery, as prescribed in the following 
table. Imposition of these assessments does not preclude other 
appropriate enforcement actions:

 Table 1 to Sec. 3173.29--Violations Subject to an Immediate Assessment
------------------------------------------------------------------------
                                                            Assessment
                        Violation                           amount per
                                                           violation ($)
------------------------------------------------------------------------
1. An appropriate valve on an oil storage tank was not             1,000
 sealed, as required by Sec. 3173.2....................
2. An appropriate valve or component on an oil metering            1,000
 system was not sealed, as required by Sec. 3173.3.....
3. A Federal seal is removed without prior approval of             1,000
 the AO or AR, as required by Sec. 3173.4..............
4. Oil was not properly measured before removal from               1,000
 storage for use on a different lease, unit, or CA, as
 required by Sec. 3173.7(b)............................
5. An FMP was bypassed, in violation of Sec. 3170.4....           1,000
6. Theft or mishandling of production was not reported             1,000
 to the BLM, as required by Sec. 3173.8................
7. Records necessary to determine quantity and quality             1,000
 of production were not retained, as required by Sec.
 3170.7.................................................
8. FMP application was not submitted, as required by               1,000
 Sec. 3173.12..........................................
9. (i) For facilities that begin operation after January           1,000
 17, 2017, BLM approval for off-lease measurement was
 not obtained before removing production, as required by
 Sec. 3173.23..........................................
(ii) Facilities that were in operation on or before
 January 17, 2017, are subject to an assessment if they
 do not have an existing BLM approval for off-lease
 measurement.
10. (i) For facilities that begin operation after                  1,000
 January 17, 2017, BLM approval for surface commingling
 was not obtained before removing production, as
 required by Sec. 3173.15..............................
(ii) Facilities that were in operation on or before
 January 17, 2017, are subject to an assessment if they
 do not have an existing BLM approval for surface
 commingling.
11. (i) For facilities that begin operation after                  1,000
 January 17, 2017, BLM approval for downhole commingling
 was not obtained before removing production, as
 required by Sec. 3173.15..............................

[[Page 507]]

 
(ii) Facilities that were in operation on or before
 January 17, 2017, are subject to an assessment if they
 do not have an existing BLM approval for downhole
 commingling.
------------------------------------------------------------------------



   Sec. Appendix A to Subpart 3173--Examples of Site Facility Diagrams

                               I. Diagrams

1. Site Facility Diagrams and Sealing of Valve Introduction
2. Diagrams

------------------------------------------------------------------------
          Diagrams                           Description
------------------------------------------------------------------------
I-A........................  Gas well without separation equipment.
I-B........................  Gas well with separation equipment.
I-C........................  Single operator with co-located facilities
                              single oil tank, gas, and water storage.
I-D........................  Oil sales with multiple oil tanks, gas, and
                              water storage.
I-E........................  Co-located facilities with multiple
                              operators, oil sales by liquid meter
                              (Lease Automatic Custody Transfer or
                              Coriolis Measurement System), gas, and
                              water storage.
I-F........................  On-lease gas plant, with oil sales by
                              liquid meter, Liquefied Petroleum Gas
                              (LPG)/Natural Gas Liquids (NGL) sales by
                              liquid meter, inlet gas, tailgate gas,
                              flared or vented and plant process gas
                              used.
I-G........................  Enhanced recovery water injection or other
                              water disposal facility.
I-H........................  Pod Facility.
I-I........................  On-lease with gas measurement after the
                              Joule-Thomson Plant (JT-Skid), oil sales
                              by liquid meter, Liquefied Petroleum Gas
                              (LPG)/Natural Gas Liquids (NGL) sales by
                              liquid meter.
I-J........................  On-lease with gas measurement before the
                              Joule-Thomson Plant (JT-Skid) and oil
                              sales by liquid meter.
------------------------------------------------------------------------
Note: No FMP number required for Liquefied Petroleum Gas (LPG)/Natural
  Gas Liquids (NGL) liquid meter.

1. Site Facility Diagrams and Sealing of Valves Introduction
Introduction

    Appendix A is provided not as a requirement but solely as an example 
to aid operators, purchasers and transporters in determining what valves 
are considered ``appropriate valves'' subject to the seal requirements 
of this rule, and to aid in the preparation of facility diagrams. It is 
impossible to include every type of equipment that could be used or 
situation that could occur in production activities. In making the 
determination of what is an ``appropriate valve,'' the entire facility 
must be considered as a whole, including the facility size, the 
equipment type, and the on-going activities at the facility.

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                     Subpart 3174_Measurement of Oil

    Source: 81 FR 81504, Nov. 17, 2016, unless otherwise noted.



Sec. 3174.1  Definitions and acronyms.

    (a) As used in this subpart, the term:
    Barrel (bbl) means 42 standard United States gallons.
    Base pressure means 14.696 pounds per square inch, absolute (psia).
    Base temperature means 60 F.
    Certificate of calibration means a document stating the base prover 
volume and other physical data required for the calibration of flow 
meters.
    Composite meter factor means a meter factor corrected from normal 
operating pressure to base pressure. The composite meter factor is 
determined by proving operations where the pressure is considered 
constant during the measurement period between provings.
    Configuration log means the list of constant flow parameters, 
calculation methods, alarm set points, and other values that are 
programmed into the flow computer in a CMS.
    Coriolis meter means a device which by means of the interaction 
between a flowing fluid and oscillation of tube(s) infers a mass flow 
rate. The meter also infers the density by measuring the natural 
frequency of the oscillating tubes. The Coriolis meter consists of 
sensors and a transmitter, which convert the output from the sensors to 
signals representing volume and density.
    Coriolis measurement system (CMS) means a metering system using a 
Coriolis meter in conjunction with a tertiary device, pressure 
transducer, and temperature transducer in order to derive and report 
gross standard oil volume. A CMS system provides real-time, on-line 
measurement of oil.
    Displacement prover means a prover consisting of a pipe or pipes 
with known capacities, a displacement device, and detector switches, 
which sense when the displacement device has reached the beginning and 
ending points of the calibrated section of pipe. Displacement provers 
can be portable or fixed.
    Dynamic meter factor means a kinetic meter factor derived by linear 
interpolation or polynomial fit, used for conditions where a series of 
meter factors have been determined over a range of normal operating 
conditions.
    Event log means an electronic record of all exceptions and changes 
to the flow parameters contained within the configuration log that occur 
and have an impact on a quantity transaction record.
    Gross standard volume means a volume of oil corrected to base 
pressure and temperature.
    Indicated volume means the uncorrected volume indicated by the meter 
in a lease automatic custody transfer system or the Coriolis meter in a 
CMS. For a positive displacement meter, the indicated volume is 
represented by the non-resettable totalizer on the meter head. For 
Coriolis meters, the indicated volume is the uncorrected (without the 
meter factor) mass of liquid divided by the density.
    Innage gauging means the level of a liquid in a tank measured from 
the datum plate or tank bottom to the surface of the liquid.
    Lease automatic custody transfer (LACT) system means a system of 
components designed to provide for the unattended custody transfer of 
oil produced from a lease(s), unit PA(s), or CA(s) to the transporting 
carrier while providing a proper and accurate means for determining the 
net standard volume and quality, and fail-safe and tamper-proof 
operations.
    Master meter prover means a positive displacement meter or Coriolis 
meter that is selected, maintained, and operated to serve as the 
reference device for the proving of another meter. A comparison of the 
master meter to the Facility Measurement Point (FMP) line meter output 
is the basis of the master-meter method.
    Meter factor means a ratio obtained by dividing the measured volume 
of liquid that passed through a prover or master meter during the 
proving by the measured volume of liquid that passed through the line 
meter during the proving, corrected to base pressure and temperature.
    Net standard volume means the gross standard volume corrected for 
quantities of non-merchantable substances such as sediment and water.

[[Page 535]]

    Outage gauging means the distance from the surface of the liquid in 
a tank to the reference gauge point of the tank.
    Positive displacement meter means a meter that registers the volume 
passing through the meter using a system which constantly and 
mechanically isolates the flowing liquid into segments of known volume.
    Quantity transaction record (QTR) means a report generated by CMS 
equipment that summarizes the daily and hourly gross standard volume 
calculated by the flow computer and the average or totals of the dynamic 
data that is used in the calculation of gross standard volume.
    Tertiary device means, for a CMS, the flow computer and associated 
memory, calculation, and display functions.
    Transducer means an electronic device that converts a physical 
property, such as pressure, temperature, or electrical resistance, into 
an electrical output signal that varies proportionally with the 
magnitude of the physical property. Typical output signals are in the 
form of electrical potential (volts), current (milliamps), or digital 
pressure or temperature readings. The term transducer includes devices 
commonly referred to as transmitters.
    Vapor tight means capable of holding pressure differential only 
slightly higher than that of installed pressure-relieving or vapor 
recovery devices.
    (b) As used in this subpart, the following acronyms carry the 
meaning prescribed:
    API means American Petroleum Institute.
    CA has the meaning set forth in Sec. 3170.3 of this part.
    COA has the meaning set forth in Sec. 3170.3 of this part.
    CPL means correction for the effect of pressure on a liquid.
    CTL means correction for the effect of temperature on a liquid.
    NIST means National Institute of Standards and Technology.
    PA has the meaning set forth in Sec. 3170.3 of this part.
    PMT means Production Measurement Team.
    PSIA means pounds per square inch, absolute.
    S&W means sediment and water.



Sec. 3174.2  General requirements.

    (a) Oil may be stored only in tanks that meet the requirements of 
Sec. 3174.5(b) of this subpart.
    (b) Oil must be measured on the lease, unit PA, or CA, unless 
approval for off-lease measurement is obtained under Secs. 3173.22 and 
3173.23 of this part.
    (c) Oil produced from a lease, unit PA, or CA may not be commingled 
with production from other leases, unit PAs, or CAs or non-Federal 
properties before the point of royalty measurement, unless prior 
approval is obtained under Secs. 3173.14 and 3173.15 of this part.
    (d) An operator must obtain a BLM-approved FMP number under 
Secs. 3173.12 and 3173.13 of this part for each oil measurement facility 
where the measurement affects the calculation of the volume or quality 
of production on which royalty is owed (i.e., oil tank used for tank 
gauging, LACT system, CMS, or other approved metering device), except as 
provided in paragraph (h) of this section.
    (e) Except as provided in paragraph (h) of this section, all 
equipment used to measure the volume of oil for royalty purposes 
installed after January 17, 2017 must comply with the requirements of 
this subpart.
    (f) Except as provided in paragraph (h) of this section, measuring 
procedures and equipment used to measure oil for royalty purposes, that 
is in use on January 17, 2017, must comply with the requirements of this 
subpart on or before the date the operator is required to apply for an 
FMP number under 3173.12(e) of this part. Prior to that date, measuring 
procedures and equipment used to measure oil for royalty purposes, that 
is in use on January 17, 2017 must continue to comply with the 
requirements of Onshore Oil and Gas Order No. 4, Measurement of oil, 
Sec. 3164.1(b) as contained in 43 CFR part 3160, (revised October 1, 
2016), and any COAs and written orders applicable to that equipment.
    (g) The requirement to follow the approved equipment lists 
identified in Secs. 3174.6(b)(5)(ii)(A), 3174.6(b)(5)(iii), 
3174.8(a)(1), and 3174.9(a) does not apply until January 17, 2019. The 
operator or manufacturer must obtain approval of a particular make, 
model, and size by

[[Page 536]]

submitting the test data used to develop performance specifications to 
the PMT to review.
    (h) Meters used for allocation under a commingling and allocation 
approval under Sec. 3173.14 are not required to meet the requirements of 
this subpart.



Sec. 3174.3  Incorporation by reference (IBR).

    (a) Certain material specified in this section is incorporated by 
reference into this part with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Operators must 
comply with all incorporated standards and material, as they are listed 
in this section. To enforce any edition other than that specified in 
this section, the BLM must publish a rule in the Federal Register, and 
the material must be reasonably available to the public. All approved 
material is available for inspection at the Bureau of Land Management, 
Division of Fluid Minerals, 20 M Street SE., Washington, DC 20003, 202-
912-7162; at all BLM offices with jurisdiction over oil and gas 
activities; and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005; telephone 202-682-8000; API also offers free, 
read-only access to some of the material at http://publications.api.org.
    (1) API Manual of Petroleum Measurement Standards (MPMS) Chapter 2--
Tank Calibration, Section 2A, Measurement and Calibration of Upright 
Cylindrical Tanks by the Manual Tank Strapping Method; First Edition, 
February 1995; Reaffirmed February 2012 (``API 2.2A''), IBR approved for 
Sec. 3174.5(c).
    (2) API MPMS Chapter 2--Tank Calibration, Section 2.2B, Calibration 
of Upright Cylindrical Tanks Using the Optical Reference Line Method; 
First Edition, March 1989, Reaffirmed January 2013 (``API 2.2B''), IBR 
approved for Sec. 3174.5(c).
    (3) API MPMS Chapter 2--Tank Calibration, Section 2C, Calibration of 
Upright Cylindrical Tanks Using the Optical-triangulation Method; First 
Edition, January 2002; Reaffirmed May 2008 (``API 2.2C''), IBR approved 
for Sec. 3174.5(c).
    (4) API MPMS Chapter 3, Section 1A, Standard Practice for the Manual 
Gauging of Petroleum and Petroleum Products; Third Edition, August 2013 
(``API 3.1A''), IBR approved for Secs. 3174.5(b), 3174.6(b).
    (5) API MPMS Chapter 3--Tank Gauging, Section 1B, Standard Practice 
for Level Measurement of Liquid Hydrocarbons in Stationary Tanks by 
Automatic Tank Gauging; Second Edition, June 2001; Reaffirmed August 
2011 (``API 3.1B''), IBR approved for Sec. 3174.6(b).
    (6) API MPMS Chapter 3--Tank Gauging, Section 6, Measurement of 
Liquid Hydrocarbons by Hybrid Tank Measurement Systems; First Edition, 
February 2001; Errata September 2005; Reaffirmed October 2011 (``API 
3.6''), IBR approved for Sec. 3174.6(b).
    (7) API MPMS Chapter 4--Proving Systems, Section 1, Introduction; 
Third Edition, February 2005; Reaffirmed June 2014 (``API 4.1''), IBR 
approved for Sec. 3174.11(c).
    (8) API MPMS Chapter 4--Proving Systems, Section 2, Displacement 
Provers; Third Edition, September 2003; Reaffirmed March 2011, Addendum 
February 2015 (``API 4.2''), IBR approved for Secs. 3174.11(b) and (c).
    (9) API MPMS Chapter 4, Section 5, Master-Meter Provers; Fourth 
Edition, June 2016, (``API 4.5''), IBR approved for Sec. 3174.11(b).
    (10) API MPMS Chapter 4--Proving Systems, Section 6, Pulse 
Interpolation; Second Edition, May 1999; Errata April 2007; Reaffirmed 
October 2013 (``API 4.6''), IBR approved for Sec. 3174.11(c).
    (11) API MPMS Chapter 4, Section 8, Operation of Proving Systems; 
Second Edition, September 2013 (``API 4.8''), IBR approved for 
Sec. 3174.11(b).

[[Page 537]]

    (12) API MPMS Chapter 4--Proving Systems, Section 9, Methods of 
Calibration for Displacement and Volumetric Tank Provers, Part 2, 
Determination of the Volume of Displacement and Tank Provers by the 
Waterdraw Method of Calibration; First Edition, December 2005; 
Reaffirmed July 2015 (``API 4.9.2''), IBR approved for Sec. 3174.11(b).
    (13) API MPMS Chapter 5--Metering, Section 6, Measurement of Liquid 
Hydrocarbons by Coriolis Meters; First Edition, October 2002; Reaffirmed 
November 2013 (``API 5.6''), IBR approved for Secs. 3174.9(e), 
3174.11(h) and (i).
    (14) API MPMS Chapter 6--Metering Assemblies, Section 1, Lease 
Automatic Custody Transfer (LACT) Systems; Second Edition, May 1991; 
Reaffirmed May 2012 (``API 6.1''), IBR approved for Sec. 3174.8(a) and 
(b).
    (15) API MPMS Chapter 7, Temperature Determination; First Edition, 
June 2001, Reaffirmed February 2012 (``API 7''), IBR approved for 
Secs. 3174.6(b), 3174.8(b).
    (16) API MPMS Chapter 7.3, Temperature Determination--Fixed 
Automatic Tank Temperature Systems; Second Edition, October 2011 (``API 
7.3''), IBR approved for Sec. 3174.6(b).
    (17) API MPMS Chapter 8, Section 1, Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products; Fourth Edition, October 
2013 (``API 8.1''), IBR approved for Secs. 3174.6(b), 3174.11(h).
    (18) API MPMS Chapter 8, Section 2, Standard Practice for Automatic 
Sampling of Petroleum and Petroleum Products; Third Edition, October 
2015 (``API 8.2''), IBR approved for Secs. 3174.6(b), 3174.8(b), 
3174.11(h).
    (19) API MPMS Chapter 8--Sampling, Section 3, Standard Practice for 
Mixing and Handling of Liquid Samples of Petroleum and Petroleum 
Products; First Edition, October 1995; Errata March 1996; Reaffirmed, 
March 2010 (``API 8.3''), IBR approved for Secs. 3174.8(b), 3174.11(h).
    (20) API MPMS Chapter 9, Section 1, Standard Test Method for 
Density, Relative Density, or API Gravity of Crude Petroleum and Liquid 
Petroleum Products by Hydrometer Method; Third Edition, December 2012 
(``API 9.1''), IBR approved for Secs. 3174.6(b), 3174.8(b).
    (21) API MPMS Chapter 9, Section 2, Standard Test Method for Density 
or Relative Density of Light Hydrocarbons by Pressure Hydrometer; Third 
Edition, December 2012 (``API 9.2''), IBR approved for Secs. 3174.6(b), 
3174.8(b).
    (22) API MPMS Chapter 9, Section 3, Standard Test Method for 
Density, Relative Density, and API Gravity of Crude Petroleum and Liquid 
Petroleum Products by Thermohydrometer Method; Third Edition, December 
2012 (``API 9.3''), IBR approved for Secs. 3174.6(b), 3174.8(b).
    (23) API MPMS Chapter 10, Section 4, Determination of Water and/or 
Sediment in Crude Oil by the Centrifuge Method (Field Procedure); Fourth 
Edition, October 2013; Errata March 2015 (``API 10.4''), IBR approved 
for Secs. 3174.6(b), 3174.8(b).
    (24) API MPMS Chapter 11--Physical Properties Data, Section 1, 
Temperature and Pressure Volume Correction Factors for Generalized Crude 
Oils, Refined Products and Lubricating Oils; May 2004, Addendum 1 
September 2007; Reaffirmed August 2012 (``API 11.1''), IBR approved for 
Secs. 3174.9(f), 3174.12(a).
    (25) API MPMS Chapter 12--Calculation of Petroleum Quantities, 
Section 2, Calculation of Petroleum Quantities Using Dynamic Measurement 
Methods and Volumetric Correction Factors, Part 1, Introduction; Second 
Edition, May 1995; Reaffirmed March 2014 (``API 12.2.1''), IBR approved 
for Secs. 3174.8(b), 3174.9(g).
    (26) API MPMS Chapter 12--Calculation of Petroleum Quantities, 
Section 2, Calculation of Petroleum Quantities Using Dynamic Measurement 
Methods and Volumetric Correction Factors, Part 2, Measurement Tickets; 
Third Edition, June 2003; Reaffirmed September 2010 (``API 12.2.2''), 
IBR approved for Secs. 3174.8(b), 3174.9(g).
    (27) API MPMS Chapter 12--Calculation of Petroleum Quantities, 
Section 2, Calculation of Petroleum Quantities Using Dynamic Measurement 
Methods and Volumetric Correction Factors, Part 3, Proving Report; First 
Edition, October 1998; Reaffirmed March 2009 (``API 12.2.3''), IBR 
approved for Sec. 3174.11(c) and (i).
    (28) API MPMS Chapter 12--Calculation of Petroleum Quantities, 
Section 2, Calculation of Petroleum Quantities

[[Page 538]]

Using Dynamic Measurement Methods and Volumetric Correction Factors, 
Part 4, Calculation of Base Prover Volumes by the Waterdraw Method; 
First Edition, December 1997; Reaffirmed March 2009; Errata July 2009 
(``API 12.2.4''), IBR approved for Sec. 3174.11(b).
    (29) API MPMS Chapter 13--Statistical Aspects of Measuring and 
Sampling, Section 1, Statistical Concepts and Procedures in 
Measurements; First Edition, June 1985 Reaffirmed February 2011; Errata 
July 2013 (``API 13.1''), IBR approved for Sec. 3174.4(a).
    (30) API MPMS Chapter 13, Section 3, Measurement Uncertainty; First 
Edition, May, 2016 (``API 13.3''), IBR approved for Sec. 3174.4(a).
    (31) API MPMS Chapter 14, Section 3, Orifice Metering of Natural Gas 
and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice 
Meters, Part 1, General Equations and Uncertainty Guidelines; Fourth 
Edition, September 2012; Errata July 2013 (``API 14.3.1''), IBR approved 
for Sec. 3174.4(a).
    (32) API MPMS Chapter 18--Custody Transfer, Section 1, Measurement 
Procedures for Crude Oil Gathered From Small Tanks by Truck; Second 
Edition, April 1997; Reaffirmed February 2012 (``API 18.1''), IBR 
approved for Sec. 3174.6(b).
    (33) API MPMS Chapter 18, Section 2, Custody Transfer of Crude Oil 
from Lease Tanks Using Alternative Measurement Methods, First Edition, 
July 2016 (``API 18.2''), IBR approved for Sec. 3174.6(b).
    (34) API MPMS Chapter 21--Flow Measurement Using Electronic Metering 
Systems, Section 2, Electronic Liquid Volume Measurement Using Positive 
Displacement and Turbine Meters; First Edition, June 1998; Reaffirmed 
August 2011 (``API 21.2''), IBR approved for Secs. 3174.8(b), 3174.9(f), 
3174.10(f).
    (35) API Recommended Practice (RP) 12R1, Setting, Maintenance, 
Inspection, Operation and Repair of Tanks in Production Service; Fifth 
Edition, August 1997; Reaffirmed April 2008 (``API RP 12R1''), IBR 
approved for Sec. 3174.5(b).
    (36) API RP 2556, Correction Gauge Tables For Incrustation; Second 
Edition, August 1993; Reaffirmed November 2013 (``API RP 2556''), IBR 
approved for Sec. 3174.5(c).

    Note 1 to Sec. 3174.3(b): You may also be able to purchase these 
standards from the following resellers: Techstreet, 3916 Ranchero Drive, 
Ann Arbor, MI 48108; telephone 734-780-8000; www.techstreet.com/api/
apigate.html; IHS Inc., 321 Inverness Drive South, Englewood, CO 80112; 
303-790-0600; www.ihs.com; SAI Global, 610 Winters Avenue, Paramus, NJ 
07652; telephone 201-986-1131; http://infostore.saiglobal.com/store/.



Sec. 3174.4  Specific measurement performance requirements.

    (a) Volume measurement uncertainty levels. (1) The FMP must achieve 
the following overall uncertainty levels as calculated in accordance 
with statistical concepts described in API 13.1, the methodologies in 
API 13.3, and the quadrature sum (square root of the sum of the squares) 
method described in API 14.3.1, Subsection 12.3 (all incorporated by 
reference, see Sec. 3174.3) or other methods approved under paragraph 
(d):

     Table 1 to Sec. 3174.4--Volume Measurement Uncertainty Levels
------------------------------------------------------------------------
                                          The overall volume measurement
   If the averaging period volume (see      uncertainty must be within:
      definition 43 CFR 3170.3) is:
------------------------------------------------------------------------
1. Greater than or equal to 30,000 bbl/   0.50 percent.
 month.
2. Less than 30,000 bbl/month...........  1.50 percent.
------------------------------------------------------------------------

    (2) Only a BLM State Director may grant an exception to the 
uncertainty levels prescribed in paragraph (a)(1) of this section, and 
only upon:
    (i) A showing that meeting the required uncertainly level would 
involve extraordinary cost or unacceptable adverse environmental 
effects; and
    (ii) Written concurrence of the PMT, prepared in coordination with 
the Deputy Director.
    (b) Bias. The measuring equipment used for volume determinations 
must achieve measurement without statistically significant bias.
    (c) Verifiability. All FMP equipment must be susceptible to 
independent verification by the BLM of the accuracy and validity of all 
inputs, factors, and equations that are used to determine quantity or 
quality. Verifiability includes the ability to independently recalculate 
volume and quality based on source records.

[[Page 539]]

    (d) Alternative equipment. The PMT will make a determination under 
Sec. 3174.13 of this subpart regarding whether proposed alternative 
equipment or measurement procedures meet or exceed the objectives and 
intent of this section.



Sec. 3174.5  Oil measurement by tank gauging--general requirements.

    (a) Measurement objective. Oil measurement by tank gauging must 
accurately compute the total net standard volume of oil withdrawn from a 
properly calibrated sales tank by following the activities prescribed in 
Sec. 3174.6 and the requirements of Sec. 3174.4 of this subpart to 
determine the quantity and quality of oil being removed.
    (b) Oil tank equipment. (1) Each tank used for oil storage must 
comply with the recommended practices listed in API RP 12R1 
(incorporated by reference, see Sec. 3174.3).
    (2) Each oil storage tank must be connected, maintained, and 
operated in compliance with Secs. 3173.2, 3173.6, and 3173.7 of this 
part.
    (3) All oil storage tanks, hatches, connections, and other access 
points must be vapor tight. Unless connected to a vapor recovery or 
flare system, all tanks must have a pressure-vacuum relief valve 
installed at the highest point in the vent line or connection with 
another tank. All hatches, connections, and other access points must be 
installed and maintained in accordance with manufacturers' 
specifications.
    (4) All oil storage tanks must be clearly identified and have an 
operator-generated number unique to the lease, unit PA, or CA, stenciled 
on the tank and maintained in a legible condition.
    (5) Each oil storage tank associated with an approved FMP that has a 
tank-gauging system must be set and maintained level.
    (6) Each oil storage tank associated with an approved FMP that has a 
tank-gauging system must be equipped with a distinct gauging reference 
point, consistent with API 3.1A (incorporated by reference, see 
Sec. 3174.3). The height of the reference point must be stamped on a 
fixed bench-mark plate or stenciled on the tank near the gauging hatch, 
and be maintained in a legible condition.
    (c) Sales tank calibrations. The operator must accurately calibrate 
each oil storage tank associated with an approved FMP that has a tank-
gauging system using either API 2.2A, API 2.2B, or API 2.2C; and API RP 
2556 (all incorporated by reference, see Sec. 3174.3). The operator 
must:
    (1) Determine sales tank capacities by tank calibration using actual 
tank measurements;
    (i) The unit volume must be in barrels (bbl); and
    (ii) The incremental height measurement must match gauging 
increments specified in Sec. 3174.6(b)(5)(i)(C);
    (2) Recalibrate a sales tank if it is relocated or repaired, or the 
capacity is changed as a result of denting, damage, installation, 
removal of interior components, or other alterations; and
    (3) Submit sales tank calibration charts (tank tables) to the AO 
within 45 days after calibration. Tank tables may be in paper or 
electronic format.



Sec. 3174.6  Oil measurement by tank gauging--procedures.

    (a) The procedures for oil measurement by tank gauging must comply 
with the requirements outlined in this section.
    (b) The operator must follow the procedures identified in API 18.1 
or API 18.2 (both incorporated by reference, see Sec. 3174.3) as further 
specified in this paragraph to determine the quality and quantity of oil 
measured under field conditions at an FMP.
    (1) Isolate tank. Isolate the tank for at least 30 minutes to allow 
contents to settle before proceeding with tank gauging operations. The 
tank isolating valves must be closed and sealed under Sec. 3173.2 of 
this part.
    (2) Determine opening oil temperature. Determination of the 
temperature of oil contained in a sales tank must comply with paragraphs 
(b)(2)(i) through (iii) of this section, API 7, and API 7.3 (both 
incorporated by reference, see Sec. 3174.3). Opening temperature may be 
determined before, during, or after sampling.
    (i) Glass thermometers must be clean, be free of fluid separation, 
have

[[Page 540]]

a minimum graduation of 1.0 F, and have an accuracy of 0.5 F.
    (ii) Electronic thermometers must have a minimum graduation of 0.1 
F and have an accuracy of 0.5 F.
    (iii) Record the temperature to the nearest 1.0 F for glass 
thermometers or 0.1 F for portable electronic thermometers.
    (3) Take oil samples. Sampling operations must be conducted prior to 
taking the opening gauge unless automatic sampling methods are being 
used. Sampling of oil removed from an FMP tank must yield a 
representative sample of the oil and its physical properties and must 
comply with API 8.1 or API 8.2 (both incorporated by reference, see 
Sec. 3174.3).
    (4) Determine observed oil gravity. Tests for oil gravity must 
comply with paragraphs (b)(4)(i) through (iii) of this section and API 
9.1, API 9.2, or API 9.3 (all incorporated by reference, see 
Sec. 3174.3).
    (i) The hydrometer or thermohydrometer (as applicable) must be 
calibrated for an oil gravity range that includes the observed gravity 
of the oil sample being tested and must be clean, with a clearly legible 
oil gravity scale and with no loose shot weights.
    (ii) Allow the temperature to stabilize for at least 5 minutes prior 
to reading the thermometer.
    (iii) Read and record the observed API oil gravity to the nearest 
0.1 degree. Read and record the temperature reading to the nearest 1.0 
F.
    (5) Measure the opening tank fluid level. Take and record the 
opening gauge only after samples have been taken, unless automatic 
sampling methods are being used. Gauging must comply with either 
paragraph (b)(5)(i) of this section, API 3.1A, and API 18.1 (both 
incorporated by reference, see Sec. 3174.3); or paragraph (b)(5)(ii) of 
this section, API 3.1B, API 3.6, and API 18.2 (all incorporated by 
reference, see Sec. 3174.3); or paragraph (b)(5)(iii) of this section 
for dynamic volume determination.
    (i) For manual gauging, comply with the requirements of API 3.1A and 
API 18.1 (both incorporated by reference, see Sec. 3174.3) and the 
following:
    (A) The proper bob must be used for the particular measurement 
method, i.e., either innage gauging or outage gauging;
    (B) A gauging tape must be used. The gauging tape must be made of 
steel or corrosion-resistant material with graduation clearly legible, 
and must not be kinked or spliced;
    (C) Either obtain two consecutive identical gauging measurements for 
any tank regardless of size, or:
    (1) For tanks of 1,000 bbl or less in capacity, three consecutive 
measurements that are within 1/4-inch of each other and average these 
three measurements to the nearest \1/4\ inch; or
    (2) For tanks greater than 1,000 bbl in capacity, three consecutive 
measurements within \1/8\ inch of each other, averaging these three 
measurements to the nearest \1/8\ inch.
    (D) A suitable product-indicating paste may be used on the tape to 
facilitate the reading. The use of chalk or talcum powder is prohibited; 
and
    (E) The same tape and bob must be used for both opening and closing 
gauges.
    (ii) For automatic tank gauging (ATG), comply with the requirements 
of API 3.1B, API 3.6, and API 18.2 (all incorporated by reference, see 
Sec. 3174.3) and the following:
    (A) The specific makes and models of ATG that are identified and 
described at www.blm.gov are approved for use;
    (B) The ATG must be inspected and its accuracy verified to within 
\1/4\ inch in accordance with API 3.1B, Subsection 9 (incorporated by 
reference, see Sec. 3174.3) at least once a month or prior to sales, 
whichever is latest, or any time at the request of the AO. If the ATG is 
found to be out of tolerance, the ATG must be calibrated prior to sales; 
and
    (C) A log of field verifications must be maintained and available 
upon request. The log must include the following information: The date 
of verification; the as-found manual gauge readings; the as-found ATG 
readings; and whether the ATG was field calibrated. If the ATG was field 
calibrated, the as-left manual gauge readings and as-left ATG readings 
must be recorded.

[[Page 541]]

    (iii) For dynamic volume determination under API 18.2, Subsection 
10.1.1, (incorporated by reference, see Sec. 3174.3), the specific makes 
and models of in-line meters that are identified and described at 
www.blm.gov are approved for use.
    (6) Determine S&W content. Using the oil samples obtained pursuant 
to paragraph (b)(3) of this section, determine the S&W content of the 
oil in the sales tanks, according to API 10.4 (incorporated by 
reference, see Sec. 3174.3).
    (7) Transfer oil. Break the tank load line valve seal and transfer 
oil to the tanker truck. After transfer is complete, close the tank 
valve and seal the valve under Secs. 3173.2 and 3173.5 of this part.
    (8) Determine closing oil temperature. Determine the closing oil 
temperature using the procedures in paragraph (b)(2) of this section.
    (9) Take closing gauge. Take the closing tank gauge using the 
procedures in paragraph (b)(5) of this section.
    (10) Complete measurement ticket. Following procedures in 
Sec. 3174.12.



Sec. 3174.7  LACT system--general requirements.

    (a) A LACT system must meet the construction and operation 
requirements and minimum standards of this section, Sec. 3174.8, and 
Sec. 3174.4.
    (b) A LACT system must be proven as prescribed in Sec. 3174.11 of 
this subpart.
    (c) Measurement tickets must be completed under Sec. 3174.12(b) of 
this subpart.
    (d) All components of a LACT system must be accessible for 
inspection by the AO.
    (e)(1) The operator must notify the AO, within 72 hours after 
discovery, of any LACT system failures or equipment malfunctions that 
may have resulted in measurement error.
    (2) Such system failures or equipment malfunctions include, but are 
not limited to, electrical, meter, and other failures that affect oil 
measurement.
    (f) Any tests conducted on oil samples extracted from LACT system 
samplers for determination of temperature, oil gravity, and S&W content 
must meet the requirements and minimum standards in Sec. 3174.6(b)(2), 
(4), and (6) of this subpart.
    (g) Automatic temperature compensators and automatic temperature and 
gravity compensators are prohibited.



Sec. 3174.8  LACT system--components and operating requirements.

    (a) LACT system components. Each LACT system must include all of the 
equipment listed in API 6.1 (incorporated by reference, see 
Sec. 3174.3), with the following exceptions:
    (1) The custody transfer meter must be a positive displacement meter 
or a Coriolis meter. The specific make, models, and sizes of positive 
displacement or Coriolis meter and associated software that are 
identified and described at www.blm.gov are approved for use.
    (2) An electronic temperature averaging device must be installed.
    (3) Meter back pressure must be applied by a back pressure valve or 
other controllable means of applying back pressure to ensure single-
phase flow.
    (b) LACT system operating requirements. Operation of all LACT system 
components must meet the requirements of API 6.1 (incorporated by 
reference, see Sec. 3174.3) and the following:
    (1) Sampling must be conducted according to API 8.2 and API 8.3 
(both incorporated by reference, see Sec. 3174.3) and the following:
    (i) The sample extractor probe must be inserted within the center 
half of the flowing stream;
    (ii) The extractor probe must be horizontally oriented; and
    (iii) The external body of the extractor probe must be marked with 
the direction of the flow.
    (2) Any tests conducted on oil samples extracted from LACT system 
samplers for determination of oil gravity and S&W content must meet the 
requirements of either API 9.1, API 9.2, or API 9.3, and API 10.4 (all 
incorporated by reference, see Sec. 3174.3).
    (3) The composite sample container must be emptied and cleaned upon 
completion of sample withdrawal.
    (4) The positive displacement or Coriolis meter (see Sec. 3174.10) 
must be equipped with a non-resettable totalizer. The meter must include 
or allow for the attachment of a device that

[[Page 542]]

generates at least 8,400 pulses per barrel of registered volume.
    (5) The system must have a pressure-indicating device downstream of 
the meter, but upstream of meter-proving connections. The pressure-
indicating device must be capable of providing pressure data to 
calculate the CPL correction factor.
    (6) An electronic temperature averaging device must be installed, 
operated, and maintained as follows:
    (i) The temperature sensor must be placed in compliance with API 7 
(incorporated by reference, see Sec. 3174.3);
    (ii) The electronic temperature averaging device must be volume-
weighted and take a temperature reading following API 21.2, Subsection 
9.2.8 (incorporated by reference, see Sec. 3174.3);
    (iii) The average temperature for the measurement ticket must be 
calculated by the volumetric averaging method using API 21.2, Subsection 
9.2.13.2a (incorporated by reference, see Sec. 3174.3);
    (iv) The temperature averaging device must have a reference accuracy 
of 0.5 F or better, and have a minimum graduation of 0.1 F; and
    (v) The temperature averaging device must include a display of 
instantaneous temperature and the average temperature calculated since 
the measurement ticket was opened.
    (vi) The average temperature calculated since the measurement ticket 
was opened must be used to calculate the CTL correction factor.
    (7) Determination of net standard volume: Calculate the net standard 
volume at the close of each measurement ticket following the guidelines 
in API 12.2.1 and API 12.2.2 (both incorporated by reference, see 
Sec. 3174.3).



Sec. 3174.9  Coriolis measurement systems (CMS)--general requirements
and components.

    The following Coriolis measurement systems section is intended for 
Coriolis measurement applications independent of LACT measurement 
systems.
    (a) A CMS must meet the requirements and minimum standards of this 
section, Sec. 3174.4, and Sec. 3174.10.
    (b) The specific makes, models, and sizes of Coriolis meters and 
associated software that have been reviewed by the PMT, as provided in 
Sec. 3174.13, approved by the BLM, and identified and described at 
www.blm.gov are approved for use.
    (c) A CMS system must be proven at the frequency and under the 
requirements of Sec. 3174.11 of this subpart.
    (d) Measurement tickets must be completed under Sec. 3174.12(b) of 
this subpart.
    (e) A CMS at an FMP must be installed with the components listed in 
API 5.6 (incorporated by reference, see Sec. 3174.3). Additional 
requirements are as follows:
    (1) The pressure transducer must meet the requirements of 
Sec. 3174.8(b)(5) of this subpart.
    (2) Temperature determination must meet the requirements of 
Sec. 3174.8(b)(6) of this subpart.
    (3) If nonzero S&W content is to be used in determining net oil 
volume, the sampling system must meet the requirements of 
Sec. 3174.8(b)(1) through (3) of this subpart. If no sampling system is 
used, or the sampling system does not meet the requirements of 
Sec. 3174.8(b)(1) through (3) of this subpart, the S&W content must be 
reported as zero;
    (4) Sufficient back pressure must be applied to ensure single phase 
flow through the meter.
    (f) Determination of API oil gravity. The API oil gravity reported 
for the measurement ticket period must be determined by one of the 
following methods:
    (1) Determined from a composite sample taken pursuant to 
Sec. 3174.8(b)(1) through (3) of this subpart; or
    (2) Calculated from the average density as measured by the CMS over 
the measurement ticket period under API 21.2, Subsection 9.2.13.2a 
(incorporated by reference, see Sec. 3174.3). Density must be corrected 
to base temperature and pressure using API 11.1 (incorporated by 
reference, see Sec. 3174.3).
    (g) Determination of net standard volume. Calculate the net standard 
volume at the close of each measurement ticket following the guidelines 
in API 12.2.1 and API 12.2.2 (both incorporated by reference, see 
Sec. 3174.3).

[[Page 543]]



Sec. 3174.10  Coriolis meter for LACT and CMS measurement applications
--operating requirements.

    (a) Minimum electronic pulse level. The Coriolis meter must register 
the volume of oil passing through the meter as determined by a system 
that constantly emits electronic pulse signals representing the 
indicated volume measured. The pulse per unit volume must be set at a 
minimum of 8,400 pulses per barrel.
    (b) Meter specifications. (1) The Coriolis meter specifications must 
identify the make and model of the Coriolis meter to which they apply 
and must include the following:
    (i) The reference accuracy for both mass flow rate and density, 
stated in either percent of reading, percent of full scale, or units of 
measure;
    (ii) The effect of changes in temperature and pressure on both mass 
flow and fluid density readings, and the effect of flow rate on density 
readings. These specifications must be stated in percent of reading, 
percent of full scale, or units of measure over a stated amount of 
change in temperature, pressure, or flow rate (e.g., ``0.1 percent of 
reading per 20 psi'');
    (iii) The stability of the zero reading for volumetric flow rate. 
The specifications must be stated in percent of reading, percent of full 
scale, or units of measure;
    (iv) Design limits for flow rate and pressure; and
    (v) Pressure drop through the meter as a function of flow rate and 
fluid viscosity.
    (2) Submission of meter specifications: The operator must submit 
Coriolis meter specifications to the BLM upon request.
    (c) Non-resettable totalizer. The Coriolis meter must have a non-
resettable internal totalizer for indicated volume.
    (d) Verification of meter zero value using the manufacturer's 
specifications. If the indicated flow rate is within the manufacturer's 
specifications for zero stability, no adjustments are required. If the 
indicated flow rate is outside the manufacturer's specification for zero 
stability, the meter's zero reading must be adjusted. After the meter's 
zero has been adjusted, the meter must be proven required by 
Sec. 3174.11. A copy of the zero value verification procedure must be 
made available to the AO upon request.
    (e) Required on-site information. (1) The Coriolis meter display 
must be readable without using data collection units, laptop computers, 
or any special equipment, and must be on-site and accessible to the AO.
    (2) For each Coriolis meter, the following values and corresponding 
units of measurement must be displayed:
    (i) The instantaneous density of liquid (pounds/bbl, pounds/gal, or 
degrees API);
    (ii) The instantaneous indicated volumetric flow rate through the 
meter (bbl/day);
    (iii) The meter factor;
    (iv) The instantaneous pressure (psi);
    (v) The instantaneous temperature ( F);
    (vi) The cumulative gross standard volume through the meter (non-
resettable totalizer) (bbl); and
    (vii) The previous day's gross standard volume through the meter 
(bbl).
    (3) The following information must be correct, be maintained in a 
legible condition, and be accessible to the AO at the FMP without the 
use of data collection equipment, laptop computers, or any special 
equipment:
    (i) The make, model, and size of each sensor; and
    (ii) The make, range, calibrated span, and model of the pressure and 
temperature transducer used to determine gross standard volume.
    (4) A log must be maintained of all meter factors, zero 
verifications, and zero adjustments. For zero adjustments, the log must 
include the zero value before adjustment and the zero value after 
adjustment. The log must be made available upon request.
    (f) Audit trail requirements. The information specified in 
paragraphs (f)(1) through (4) of this section must be recorded and 
retained under the recordkeeping requirements of Sec. 3170.7 of this 
part. Audit trail requirements must follow API 21.2, Subsection 10 
(incorporated by reference, see Sec. 3174.3). All data must be available 
and submitted to the BLM upon request.

[[Page 544]]

    (1) Quantity transaction record (QTR). Follow the requirements for a 
measurement ticket in Sec. 3174.12(b) of this subpart.
    (2) Configuration log. The configuration log must comply with the 
requirements of API 21.2, Subsection 10.2 (incorporated by reference, 
see Sec. 3174.3). The configuration log must contain and identify all 
constant flow parameters used in generating the QTR.
    (3) Event log. The event log must comply with the requirements of 
API 21.2, Subsection 10.6 (incorporated by reference, see Sec. 3174.3). 
In addition, the event log must be of sufficient capacity to record all 
events such that the operator can retain the information under the 
recordkeeping requirements of Sec. 3170.7 of this part.
    (4) Alarm log The type and duration of any of the following alarm 
conditions must be recorded:
    (i) Density deviations from acceptable parameters; and
    (ii) Instances in which the flow rate exceeded the manufacturer's 
maximum recommended flow rate or was below the manufacturer's minimum 
recommended flow rate.
    (g) Data protection. Each Coriolis meter must have installed and 
maintained in an operable condition a backup power supply or a 
nonvolatile memory capable of retaining all data in the unit's memory to 
ensure that the audit trail information required under paragraph (f) of 
this section is protected.



Sec. 3174.11  Meter-proving requirements.

    (a) Applicability. This section specifies the minimum requirements 
for conducting volumetric meter proving for all FMP meters.
    (b) Meter prover. Acceptable provers are positive displacement 
master meters, Coriolis master meters, and displacement provers. The 
operator must ensure that the meter prover used to determine the meter 
factor has a valid certificate of calibration on site and available for 
review by the AO. The certificate must show that the prover, identified 
by serial number assigned to and inscribed on the prover, was calibrated 
as follows:
    (1) Master meters must have a meter factor within 0.9900 to 1.0100 
determined by a minimum of five consecutive prover runs within 0.0005 
(0.05 percent repeatability) as described in API 4.5, Subsection 6.5 
(incorporated by reference, see Sec. 3174.3). The master meter must not 
be mechanically compensated for oil gravity or temperature; its readout 
must indicate units of volume without corrections. The meter factor must 
be documented on the calibration certificate and must be calibrated at 
least once every 12 months. New master meters must be calibrated 
immediately and recalibrated in three months. Master meters that have 
undergone mechanical repairs, alterations, or changes that affect the 
calibration must be calibrated immediately upon completion of this work 
and calibrated again 3 months after this date under API 4.5, API 4.8, 
Subsection 10.2, and API 4.8, Annex B (all incorporated by reference, 
see Sec. 3174.3).
    (2) Displacement provers must meet the requirements of API 4.2 
(incorporated by reference, see Sec. 3174.3) and be calibrated using the 
water-draw method under API 4.9.2 (incorporated by reference, see 
Sec. 3174.3), at the calibration frequencies specified in API 4.8, 
Subsection 10.1(b) (incorporated by reference, see Sec. 3174.3).
    (3) The base prover volume of a displacement prover must be 
calculated under API 12.2.4 (incorporated by reference, see 
Sec. 3174.3).
    (4) Displacement provers must be sized to obtain a displacer 
velocity through the prover that is within the appropriate range during 
proving under API 4.2, Subsection 4.3.4.2, Minimum Displacer Velocities 
and API 4.2, Subsection 4.3.4.1, Maximum Displacer Velocities 
(incorporated by reference, see Sec. 3174.3).
    (5) Fluid velocity is calculated using API 4.2, Subsection 4.3.4.3, 
Equation 12 (incorporated by reference, see Sec. 3174.3).
    (c) Meter proving runs. Meter proving must follow the applicable 
section(s) of API 4.1, Proving Systems (incorporated by reference, see 
Sec. 3174.3).
    (1) Meter proving must be performed under normal operating fluid 
pressure, fluid temperature, and fluid type and composition, as follows:
    (i) The oil flow rate through the LACT or CMS during proving must be

[[Page 545]]

within 10 percent of the normal flow rate;
    (ii) The absolute pressure as measured by the LACT or CMS during 
proving must be within 10 percent of the normal operating absolute 
pressure;
    (iii) The temperature as measured by the LACT or CMS during the 
proving must be within 10 F of the normal operating temperature; and
    (iv) The gravity of the oil during proving must be within 5 API of 
the normal oil gravity.
    (v) If the normal flow rate, pressure, temperature, or oil gravity 
vary by more than the limits defined in paragraphs (c)(i) through 
(c)(iv) of this section, meter provings must be conducted, at a minimum, 
under the three following conditions: At the lower limit of normal 
operating conditions, at the upper limit of normal operation conditions, 
and at the midpoint of normal operating conditions.
    (2) If each proving run is not of sufficient volume to generate at 
least 10,000 pulses, as specified by API 4.2, Subsection 4.3.2 
(incorporated by reference, see Sec. 3174.3), from the positive 
displacement meter or the Coriolis meter, then pulse interpolation must 
be used in accordance with API 4.6 (incorporated by reference, see 
Sec. 3174.3).
    (3) Proving runs must be made until the calculated meter factor or 
meter generated pulses from five consecutive runs match within a 
tolerance of 0.0005 (0.05 percent) between the highest and the lowest 
value in accordance with API 12.2.3, Subsection 9 (incorporated by 
reference, see Sec. 3174.3).
    (4) The new meter factor is the arithmetic average of the meter 
generated pulses or intermediate meter factors calculated from the five 
consecutive runs in accordance with API 12.2.3, Subsection 9 
(incorporated by reference, see Sec. 3174.3).
    (5) Meter factor computations must follow the sequence described in 
API 12.2.3 (incorporated by reference, see Sec. 3174.3).
    (6) If multiple meters factors are determined over a range of normal 
operating conditions, then:
    (i) If all the meter factors determined over a range of conditions 
fall within 0.0020 of each other, then a single meter factor may be 
calculated for that range as the arithmetic average of all the meter 
factors within that range. The full range of normal operating conditions 
may be divided into segments such that all the meter factors within each 
segment fall within a range of 0.0020. In this case, a single meter 
factor for each segment may be calculated as the arithmetic average of 
the meter factors within that segment; or
    (ii) The metering system may apply a dynamic meter factor derived 
(using, e.g., linear interpolation, polynomial fit, etc.) from the 
series of meter factors determined over the range of normal operating 
conditions, so long as no two neighboring meter factors differ by more 
than 0.0020.
    (7) The meter factor must be at least 0.9900 and no more than 
1.0100.
    (8) The initial meter factor for a new or repaired meter must be at 
least 0.9950 and no more than 1.0050.
    (9) For positive displacement meters, the back pressure valve may be 
adjusted after proving only within the normal operating fluid flow rate 
and fluid pressure as described in paragraph (c)(1) of this section. If 
the back pressure valve is adjusted after proving, the operator must 
document the as left fluid flow rate and fluid pressure on the proving 
report.
    (10) If a composite meter factor is calculated, the CPL value must 
be calculated from the pressure setting of the back pressure valve or 
the normal operating pressure at the meter. Composite meter factors must 
not be used with a Coriolis meter.
    (d) Minimum proving frequency. The operator must prove any FMP meter 
before removal or sales of production after any of the following events:
    (1) Initial meter installation;
    (2) Every 3 months (quarterly) after the last proving, or each time 
the registered volume flowing through the meter, as measured on the non-
resettable totalizer from the last proving, increases by 75,000 bbl, 
whichever comes first, but no more frequently than monthly;
    (3) Meter zeroing (Coriolis meter);
    (4) Modification of mounting conditions;
    (5) A change in fluid temperature that exceeds the transducer's 
calibrated span;

[[Page 546]]

    (6) A change in pressure, density, or flow rate that exceeds the 
operating proving limits;
    (7) The mechanical or electrical components of the meter have been 
changed, repaired, or removed;
    (8) Internal calibration factors have been changed or reprogrammed; 
or
    (9) At the request of the AO.
    (e) Excessive meter factor deviation. (1) If the difference between 
meter factors established in two successive provings exceeds 0.0025, 
the meter must be immediately removed from service, checked for damage 
or wear, adjusted or repaired, and reproved before returning the meter 
to service.
    (2) The arithmetic average of the two successive meter factors must 
be applied to the production measured through the meter between the date 
of the previous meter proving and the date of the most recent meter 
proving.
    (3) The proving report submitted under paragraph (i) of this section 
must clearly show the most recent meter factor and describe all 
subsequent repairs and adjustments.
    (f) Verification of the temperature transducer. As part of each 
required meter proving and upon replacement, the temperature averager 
for a LACT system and the temperature transducer used in conjunction 
with a CMS must be verified against a known standard according to the 
following:
    (1) The temperature averager or temperature transducer must be 
compared with a test thermometer traceable to NIST and with a stated 
accuracy of 0.25 F or better.
    (2) The temperature reading displayed on the temperature averager or 
temperature transducer must be compared with the reading of the test 
thermometer using one of the following methods:
    (i) The test thermometer must be placed in a test thermometer well 
located not more than 12" from the probe of the temperature averager or 
temperature transducer; or
    (ii) Both the test thermometer and probe of the temperature averager 
or temperature transducer must be placed in an insulated water bath. The 
water bath temperature must be within 20 F of the normal flowing 
temperature of the oil.
    (3) The displayed reading of instantaneous temperature from the 
temperature averager or the temperature transducer must be compared with 
the reading from the test thermometer. If they differ by more than 0.5 
F, then the difference in temperatures must be noted on the meter 
proving report and:
    (i) The temperature averager or temperature transducer must be 
adjusted to match the reading of the test thermometer; or
    (ii) The temperature averager or temperature transducer must be 
recalibrated, repaired, or replaced.
    (g) Verification of the pressure transducer (if applicable). (1) As 
part of each required meter proving and upon replacement, the pressure 
transducer must be compared with a test pressure device (dead weight or 
pressure gauge) traceable to NIST and with a stated maximum uncertainty 
of no more than one-half of the accuracy required from the transducer 
being verified.
    (2) The pressure reading displayed on the pressure transducer must 
be compared with the reading of the test pressure device.
    (3) The pressure transducer must be tested at the following three 
points:
    (i) Zero (atmospheric pressure);
    (ii) 100 percent of the calibrated span of the pressure transducer; 
and
    (iii) A point that represents the normal flowing pressure through 
the Coriolis meter.
    (4) If the pressure applied by the test pressure device and the 
pressure displayed on the pressure transducer vary by more than the 
required accuracy of the pressure transducer, the pressure transducer 
must be adjusted to read within the stated accuracy of the test pressure 
device.
    (h) Density verification (if applicable). As part of each required 
meter proving, if the API gravity of oil is determined from the average 
density measured by the Coriolis meter (rather than from a composite 
sample), then during each proving of the Coriolis meter, the 
instantaneous flowing density determined by the Coriolis meter must be 
verified by comparing it with an independent density measurement as 
specified under API 5.6, Subsection 9.1.2.1 (incorporated by reference, 
see Sec. 3174.3). The difference between the indicated

[[Page 547]]

density determined from the Coriolis meter and the independently 
determined density must be within the specified density reference 
accuracy specification of the Coriolis meter. Sampling must be performed 
in accordance with API 8.1, API 8.2, or API 8.3 (incorporated by 
reference, see Sec. 3174.3), as appropriate.
    (i) Meter proving reporting requirements. (1) The operator must 
report to the AO all meter-proving and volume adjustments after any LACT 
system or CMS malfunction, including excessive meter-factor deviation, 
using the appropriate form in either API 12.2.3 or API 5.6 (both 
incorporated by reference, see Sec. 3174.3), or any similar format 
showing the same information as the API form, provided that the 
calculation of meter factors maintains the proper calculation sequence 
and rounding.
    (2) In addition to the information required under paragraph (i)(1) 
of this section, each meter-proving report must also show the:
    (i) Unique meter ID number;
    (ii) Lease number, CA number, or unit PA number;
    (iii) The temperature from the test thermometer and the temperature 
from the temperature averager or temperature transducer;
    (iv) For pressure transducers, the pressure applied by the pressure 
test device and the pressure reading from the pressure transducer at the 
three points required under paragraph (g)(3) of this section;
    (v) For density verification (if applicable), the instantaneous 
flowing density (as determined by Coriolis meter), and the independent 
density measurement, as compared under paragraph (h) of this section; 
and
    (vi) The ``as left'' fluid flow rate and fluid pressure, if the back 
pressure valve is adjusted after proving as described in paragraph 
(c)(9) of this section.
    (3) The operator must submit the meter-proving report to the AO no 
later than 14 days after the meter proving. The proving report may be 
either in a hard copy or electronic format.



Sec. 3174.12  Measurement tickets.

    (a) Tank gauging. After oil is measured by tank gauging under 
Secs. 3174.5 and 3174.6 of this subpart, the operator, purchaser, or 
transporter, as appropriate, must complete a uniquely numbered 
measurement ticket, in either paper or electronic format, with the 
following information:
    (1) Lease, unit PA, or CA number;
    (2) Unique tank number and nominal tank capacity;
    (3) Opening and closing dates and times;
    (4) Opening and closing gauges and observed temperatures in F;
    (5) Observed volume for opening and closing gauge, using tank 
specific calibration charts (see Sec. 3174.5(c));
    (6) Total gross standard volume removed from the tank following API 
11.1 (incorporated by reference, see Sec. 3174.3);
    (7) Observed API oil gravity and temperature in F;
    (8) API oil gravity at 60 F, following API 11.1 (incorporated by 
reference, see Sec. 3174.3);
    (9) S&W content percent;
    (10) Unique number of each seal removed and installed;
    (11) Name of the individual performing the tank gauging; and
    (12) Name of the operator.
    (b) LACT system and CMS. (1) At the beginning of every month, and, 
unless the operator is using a flow computer under Sec. 3174.10, before 
conducting proving operations on a LACT system, the operator, purchaser, 
or transporter, as appropriate, must complete a uniquely numbered 
measurement ticket, in either paper or electronic format, with the 
following information:
    (i) Lease, unit PA, or CA number;
    (ii) Unique meter ID number;
    (iii) Opening and closing dates;
    (iv) Opening and closing totalizer readings of the indicated volume;
    (v) Meter factor, indicating if it is a composite meter factor;
    (vi) Total gross standard volume removed through the LACT system or 
CMS;
    (vii) API oil gravity. For API oil gravity determined from a 
composite sample, the observed API oil gravity and temperature must be 
indicated in

[[Page 548]]

F and the API oil gravity must be indicated at 60 F. For API oil 
gravity determined from average density (CMS only), the average 
uncorrected density must be determined by the CMS;
    (viii) The average temperature in F;
    (ix) The average flowing pressure in psig;
    (x) S&W content percent;
    (xi) Unique number of each seal removed and installed;
    (xii) Name of the purchaser's representative; and
    (xiii) Name of the operator.
    (2) Any accumulators used in the determination of average pressure, 
average temperature, and average density must be reset to zero whenever 
a new measurement ticket is opened.



Sec. 3174.13  Oil measurement by other methods.

    (a) Any method of oil measurement other than tank gauging, LACT 
system, or CMS at an FMP requires prior BLM approval.
    (b)(1) Any operator requesting approval to use alternate oil 
measurement equipment or measurement method must submit to the BLM 
performance data, actual field test results, laboratory test data, or 
any other supporting data or evidence that demonstrates that the 
proposed alternate oil equipment or method would meet or exceed the 
objectives of the applicable minimum requirements of this subpart and 
would not affect royalty income or production accountability.
    (2) The PMT will review the submitted data to ensure that the 
alternate oil measurement equipment or method meets the requirements of 
this subpart and will make a recommendation to the BLM to approve use of 
the equipment or method, disapprove use of the equipment or method, or 
approve use of the equipment or method with conditions for its use. If 
the PMT recommends, and the BLM approves new equipment or methods, the 
BLM will post the make, model, range or software version (as 
applicable), or method on the BLM Web site www.blm.gov as being 
appropriate for use at an FMP for oil measurement without further 
approval by the BLM, subject to any conditions of approval identified by 
the PMT and approved by the BLM.
    (c) The procedures for requesting and granting a variance under 
Sec. 3170.6 of this part may not be used as an avenue for approving new 
technology, methods, or equipment. Approval of alternative oil 
measurement equipment or methods may be obtained only under this 
section.



Sec. 3174.14  Determination of oil volumes by methods other than
measurement.

    (a) Under 43 CFR 3162.7-2, when production cannot be measured due to 
spillage or leakage, the amount of production must be determined by 
using any method the AO approves or prescribes. This category of 
production includes, but is not limited to, oil that is classified as 
slop oil or waste oil.
    (b) No oil may be classified or disposed of as waste oil unless the 
operator can demonstrate to the satisfaction of the AO that it is not 
economically feasible to put the oil into marketable condition.
    (c) The operator may not sell or otherwise dispose of slop oil 
without prior written approval from the AO. Following the sale or 
disposal of slop oil, the operator must notify the AO in writing of the 
volume sold or disposed of and the method used to compute the volume.



Sec. 3174.15  Immediate assessments.

    Certain instances of noncompliance warrant the imposition of 
immediate assessments upon the BLM's discovery of the violation, as 
prescribed in the following table. Imposition of any of these 
assessments does not preclude other appropriate enforcement actions.

 Table 1 to Sec. 3174.15--Violations Subject to an Immediate Assessment
------------------------------------------------------------------------
              Violations subject to an immediate assessment
-------------------------------------------------------------------------
                                                            Assessment
                       Violation:                           amount per
                                                            violation:
------------------------------------------------------------------------
1. Missing or nonfunctioning FMP LACT system components           $1,000
 as required by Sec. 3174.8 of this subpart............

[[Page 549]]

 
2. Failure to notify the AO within 72 hours, as required           1,000
 by Sec. 3174.7(e) of this subpart, of any FMP LACT
 system failure or equipment malfunction resulting in
 use of an unapproved alternate method of measurement...
3. Missing or nonfunctioning FMP CMS components as                 1,000
 required by Sec. 3174.9 of this subpart...............
4. Failure to meet the proving frequency requirements              1,000
 for an FMP, detailed in Sec. 3174.11 of this subpart..
5. Failure to obtain a written approval, as required by            1,000
 Sec. 3174.13 of this subpart, before using any oil
 measurement method other than tank gauging, LACT
 system, or CMS at a FMP................................
------------------------------------------------------------------------



                     Subpart 3175_Measurement of Gas

    Source: 81 FR 81609, Nov. 17, 2016, unless otherwise noted.



Sec. 3175.10  Definitions and acronyms.

    (a) As used in this subpart, the term:
    AGA Report No. (followed by a number) means a standard prescribed by 
the American Gas Association, with the number referring to the specific 
standard.
    Area ratio means the smallest unrestricted area at the primary 
device divided by the cross-sectional area of the meter tube. For 
example, the area ratio (Ar) of an orifice plate is the area 
of the orifice bore (Ad) divided by the area of the meter 
tube (AD). For an orifice plate with a bore diameter (d) of 
1.000 inches in a meter tube with an inside diameter (D) of 2.000 inches 
the area ratio is 0.25 and is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO16.053

    As-found means the reading of a mechanical or electronic transducer 
when compared to a certified test device, prior to making any 
adjustments to the transducer.
    As-left means the reading of a mechanical or electronic transducer 
when compared to a certified test device, after making adjustments to 
the transducer, but prior to returning the transducer to service.
    Atmospheric pressure means the pressure exerted by the weight of the 
atmosphere at a specific location.
    Beta ratio means the measured diameter of the orifice bore divided 
by the measured inside diameter of the meter tube. This is also referred 
to as a diameter ratio.
    Bias means a systematic shift in the mean value of a set of 
measurements away from the true value of what is being measured.
    British thermal unit (Btu) means the amount of heat needed to raise 
the temperature of one pound of water by 1 F.
    Component-type electronic gas measurement system means an electronic 
gas measurement system comprising transducers and a flow computer, each 
identified by a separate make and model, from which performance 
specifications are obtained.
    Configuration log means a list of all fixed or user-programmable 
parameters used by the flow computer that could

[[Page 550]]

affect the calculation or verification of flow rate, volume, or heating 
value.
    Discharge coefficient means an empirically derived correction factor 
that is applied to the theoretical differential flow equation in order 
to calculate a flow rate that is within stated uncertainty limits.
    Effective date of a spot or composite gas sample means the first day 
on which the relative density and heating value determined from the 
sample are used in calculating the volume and quality on which royalty 
is based.
    Electronic gas measurement (EGM) means all of the hardware and 
software necessary to convert the static pressure, differential 
pressure, and flowing temperature developed as part of a primary device, 
to a quantity, rate, or quality measurement that is used to determine 
Federal royalty. For orifice meters, this includes the differential-
pressure transducer, static-pressure transducer, flowing-temperature 
transducer, on-line gas chromatograph (if used), flow computer, display, 
memory, and any internal or external processes used to edit and present 
the data or values measured.
    Element range means the difference between the minimum and maximum 
value that the element (differential-pressure bellows, static-pressure 
element, and temperature element) of a mechanical recorder is designed 
to measure.
    Event log means an electronic record of all exceptions and changes 
to the flow parameters contained within the configuration log that occur 
and have an impact on a quantity transaction record.
    GPA (followed by a number) means a standard prescribed by the Gas 
Processors Association, with the number referring to the specific 
standard.
    Heating value means the gross heat energy released by the complete 
combustion of one standard cubic foot of gas at 14.73 pounds per square 
inch absolute (psia) and 60 F.
    Heating value variability means the deviation of previous heating 
values over a given time period from the average heating value over that 
same time period, calculated at a 95 percent confidence level. Unless 
otherwise approved by the BLM, variability is determined with the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR17NO16.054

Where:

V95 = heating value variability, %
sHV = standard deviation of the previous 5 heating values
2.776 = the ``student-t'' function for a probability of 0.05 and 4 
          degrees of freedom (degree of freedom is the number of samples 
          minus 1)
HV= the average heating value over the time period used to determine the 
          standard deviation

    High-volume facility measurement point or high-volume FMP means any 
FMP that measures more than 200 Mcf/day, but less than or equal to 1,000 
Mcf/day over the averaging period.
    Hydrocarbon dew point means the temperature at which hydrocarbon 
liquids begin to form within a gas mixture. For the purpose of this 
regulation, the hydrocarbon dew point is the flowing temperature of the 
gas measured at the FMP, unless otherwise approved by the AO.
    Integration means a process by which the lines on a circular chart 
(differential pressure, static pressure, and flowing temperature) used 
in conjunction with a mechanical chart recorder are re-traced or 
interpreted in order to determine the volume that is represented by the 
area under the lines. An integration statement documents the values 
determined from the integration.
    Live input variable means a datum that is automatically obtained in 
real time by an EGM system.
    Low-volume facility measurement point or low-volume FMP means any 
FMP that measures more than 35 Mcf/day, but less than or equal to 200 
Mcf/day, over the averaging period.

[[Page 551]]

    Lower calibrated limit means the minimum engineering value for which 
a transducer was calibrated by certified equipment, either in the 
factory or in the field.
    Mean means the sum of all the values in a data set divided by the 
number of values in the data set.
    Mole percent means the number of molecules of a particular type that 
are present in a gas mixture divided by the total number of molecules in 
the gas mixture, expressed as a percentage.
    Normal flowing point means the differential pressure, static 
pressure, and flowing temperature at which an FMP normally operates when 
gas is flowing through it.
    Primary device means the volume-measurement equipment installed in a 
pipeline that creates a measureable and predictable pressure drop in 
response to the flow rate of fluid through the pipeline. It includes the 
pressure-drop device, device holder, pressure taps, required lengths of 
pipe upstream and downstream of the pressure-drop device, and any flow 
conditioners that may be used to establish a fully developed symmetrical 
flow profile.
    Qualified test facility means a facility with currently certified 
measurement systems for mass, length, time, temperature, and pressure 
traceable to the NIST primary standards or applicable international 
standards approved by the BLM.
    Quantity transaction record (QTR) means a report generated by an EGM 
system that summarizes the daily and hourly volumes calculated by the 
flow computer and the average or totals of the dynamic data that is used 
in the calculation of volume.
    Reynolds number means the ratio of the inertial forces to the 
viscous forces of the fluid flow, and is defined as:
[GRAPHIC] [TIFF OMITTED] TR17NO16.055

Where:

Re = the Reynolds number
V = velocity
r = fluid density
D = inside meter tube diameter
m = fluid viscosity

    Redundancy verification means a process of verifying the accuracy of 
an EGM system by comparing the readings of two sets of transducers 
placed on the same primary device.
    Secondary device means the differential-pressure, static-pressure, 
and temperature transducers in an EGM system, or a mechanical recorder, 
including the differential pressure, static pressure, and temperature 
elements, and the clock, pens, pen linkages, and circular chart.
    Self-contained EGM system means an EGM system in which the 
transducers and flow computer are identified by a single make and model 
number from which the performance specifications for the transducers and 
flow computer are obtained. Any change to the make or model numbers of 
either a transducer or a flow computer within a self-contained EGM 
system changes the system to a component-type EGM system.
    Senior fitting means a type of orifice plate holder that allows the 
orifice plate to be removed, inspected, and replaced without isolating 
and depressurizing the meter tube.
    Standard cubic foot (scf) means a cubic foot of gas at 14.73 psia 
and 60 F.
    Standard deviation means a measure of the variation in a 
distribution, and is equal to the square root of the arithmetic mean of 
the squares of the deviations of each value in the distribution from the 
arithmetic mean of the distribution.
    Tertiary device means, for EGM systems, the flow computer and 
associated memory, calculation, and display functions.
    Threshold of significance means the maximum difference between two 
data sets (a and b) that can be attributed to uncertainty effects. The 
threshold of significance is determined as follows:

[[Page 552]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.056

Where:

Ts = Threshold of significance, in percent
Ua = Uncertainty (95 percent confidence) of data set a, in 
          percent
Ub = Uncertainty (95 percent confidence) of data set b, in 
          percent

    Transducer means an electronic device that converts a physical 
property such as pressure, temperature, or electrical resistance into an 
electrical output signal that varies proportionally with the magnitude 
of the physical property. Typical output signals are in the form of 
electrical potential (volts), current (milliamps), or digital pressure 
or temperature readings. The term transducer includes devices commonly 
referred to as transmitters.
    Turndown means a reduction of the measurement range of a transducer 
in order to improve measurement accuracy at the lower end of its scale. 
It is typically expressed as the ratio of the upper range limit to the 
upper calibrated limit.
    Type test means a test on a representative number of a specific 
make, model, and range of a device to determine its performance over a 
range of operating conditions.
    Uncertainty means the range of error that could occur between a 
measured value and the true value being measured, calculated at a 95 
percent confidence level.
    Upper calibrated limit means the maximum engineering value for which 
a transducer was calibrated by certified equipment, either in the 
factory or in the field.
    Upper range limit (URL) means the maximum value that a transducer is 
designed to measure.
    Verification means the process of determining the amount of error in 
a differential pressure, static pressure, or temperature transducer or 
element by comparing the readings of the transducer or element with the 
readings from a certified test device with known accuracy.
    Very-low-volume facility measurement point or very-low-volume FMP 
means any FMP that measures 35 Mcf/day or less over the averaging 
period.
    Very-high-volume facility measurement point or very-high-volume FMP 
means any FMP that measures more than 1,000 Mcf/day over the averaging 
period.
    (b) As used in this subpart the following additional acronyms carry 
the meaning prescribed:
    GARVS means the BLM's Gas Analysis Reporting and Verification 
System.
    GC means gas chromatograph.
    GPA means the Gas Processors Association.
    Mcf means 1,000 standard cubic feet.
    psia means pounds per square inch--absolute.
    psig means pounds per square inch--gauge.



Sec. 3175.20  General requirements.

    Measurement of all gas at an FMP must comply with the standards 
prescribed in this subpart, except as otherwise approved under 
Sec. 3170.6 of this part.



Sec. 3175.30  Incorporation by reference.

    (a) Certain material identified in this section is incorporated by 
reference into this part with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Operators must 
comply with all incorporated standards and material as they are listed 
in this section. To enforce any edition other than that specified in 
this section, the BLM must publish a rule in the Federal Register and 
the material must be reasonably available to the public. All approved 
material is available for inspection at the Bureau of Land Management, 
Division of Fluid Minerals, 20 M Street SE., Washington, DC 20003, 202-
912-7162; and at all BLM offices with jurisdiction over oil and gas 
activities; and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to http:// 

[[Page 553]]

www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (b) American Gas Association (AGA), 400 North Capitol Street NW., 
Suite 450, Washington, DC 20001; telephone 202-824-7000.
    (1) AGA Report No. 3, Orifice Metering of Natural Gas and Other 
Related Hydrocarbon Fluids, Second Edition, September, 1985 (``AGA 
Report No. 3 (1985)''), IBR approved for Secs. 3175.61(a) and (b), 
3175.80(k), and 3175.94(a).
    (2) AGA Transmission Measurement Committee Report No. 8, 
Compressibility Factors of Natural Gas and Other Related Hydrocarbon 
Gases; Second Edition, November 1992 (``AGA Report No. 8''), IBR 
approved for Secs. 3175.103(a) and 3175.120(d).
    (c) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005; telephone 202-682-8000. API also offers free, 
read-only access to some of the material at http://publications.api.org.
    (1) API Manual of Petroleum Measurement Standards (MPMS) Chapter 
14--Natural Gas Fluids Measurement, Section 1, Collecting and Handling 
of Natural Gas Samples for Custody Transfer; Seventh Edition, May 2016 
(``API 14.1''), IBR approved for Secs. 3175.112(b) and (c), 3175.113(c), 
and 3175.114(b).
    (2) API MPMS, Chapter 14, Section 3, Orifice Metering of Natural Gas 
and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice 
Meters, Part 1, General Equations and Uncertainty Guidelines; Fourth 
Edition, September 2012; Errata, July 2013 (``API 14.3.1''), IBR 
approved for Sec. 3175.31(a) and Table 1 to Sec. 3175.80.
    (3) API MPMS Chapter 14, Section 3, Orifice Metering of Natural Gas 
and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice 
Meters, Part 2, Specification and Installation Requirements; Fifth 
Edition, March 2016 (``API 14.3.2''), IBR approved for Secs. 3175.46(b) 
and (c), 3175.61(a), 3175.80(c) through (g) and (i) through (l), and 
Table 1 to Sec. 3175.80.
    (4) API MPMS Chapter 14, Section 3, Orifice Metering of Natural Gas 
and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice 
Meters, Part 3, Natural Gas Applications; Fourth Edition, November 2013 
(``API 14.3.3''), IBR approved for Secs. 3175.94(a) and 3175.103(a).
    (5) API MPMS Chapter 14, Natural Gas Fluids Measurement, Section 3, 
Concentric, Square-Edged Orifice Meters, Part 3, Natural Gas 
Applications, Third Edition, August, 1992 (``API 14.3.3 (1992)''), IBR 
approved for Sec. 3175.61(b).
    (6) API MPMS, Chapter 14, Section 5, Calculation of Gross Heating 
Value, Relative Density, Compressibility and Theoretical Hydrocarbon 
Liquid Content for Natural Gas Mixtures for Custody Transfer; Third 
Edition, January 2009; Reaffirmed February 2014 (``API 14.5''), IBR 
approved for Secs. 3175.120(c) and 3175.125(a).
    (7) API MPMS Chapter 21, Section 1, Flow Measurement Using 
Electronic Metering Systems--Electronic Gas Measurement; Second Edition, 
February 2013 (``API 21.1''), IBR approved for Table 1 to Sec. 3175.100, 
Secs. 3175.101(e), 3175.102(a) and (c) through (e), 3175.103(b) and (c), 
and 3175.104(a) through (d).
    (8) API MPMS Chapter 22--Testing Protocol, Section 2, Differential 
Pressure Flow Measurement Devices; First Edition, August 2005; 
Reaffirmed August 2012 (``API 22.2''), IBR approved for Sec. 3175.47(b) 
through (d).
    (d) Gas Processors Association (GPA), 6526 E. 60th Street, Tulsa, OK 
74145; telephone 918-493-3872.
    (1) GPA Standard 2166-05, Obtaining Natural Gas Samples for Analysis 
by Gas Chromatography Revised 2005 (``GPA 2166-05''), IBR approved for 
Secs. 3175.113(c) and (d), 3175.114(a), and 3175.117(a).
    (2) GPA Standard 2261-13, Analysis for Natural Gas and Similar 
Gaseous Mixtures by Gas Chromatography; Revised 2013 (``GPA 2261-13''), 
IBR approved for Sec. 3175.118(a) and (c).
    (3) GPA Standard 2198-03, Selection, Preparation, Validation, Care 
and Storage of Natural Gas and Natural Gas Liquids Reference Standard 
Blends; Revised 2003 (``GPA 2198-03''), IBR approved for 
Sec. 3175.118(c).
    (4) GPA Standard 2286-14, Method for the Extended Analysis of 
Natural Gas and Similar Gaseous Mixtures by Temperature Program Gas 
Chromatography; Revised 2014 (``GPA 2286-14''), IBR approved for 
Sec. 3175.118(e).

[[Page 554]]

    (e) Pipeline Research Council International (PRCI), 3141 Fairview 
Park Dr., Suite 525, Falls Church, VA 22042; telephone 703-205-1600.
    (1) PRCI Contract-NX-19, Manual for the Determination of 
Supercompressibility Factors for Natural Gas; December 1962 (``PRCI NX 
19''), IBR approved for Sec. 3175.61(b).
    (2) [Reserved]
    Note to paragraphs (b) through (e): You may also be able to purchase 
these standards from the following resellers: Techstreet, 3916 Ranchero 
Drive, Ann Arbor, MI 48108; telephone 734-780-8000; www.techstreet.com/
api/apigate.html; IHS Inc., 321 Inverness Drive South, Englewood, CO 
80112; 303-790-0600; www.ihs.com; SAI Global, 610 Winters Ave., Paramus, 
NJ 07652; telephone 201-986-1131; http://infostore.saiglobal.com/store/.



Sec. 3175.31  Specific performance requirements.

    (a) Flow rate measurement uncertainty levels. (1) For high-volume 
FMPs, the measuring equipment must achieve an overall flow rate 
measurement uncertainty within 3 percent.
    (2) For very-high-volume FMPs, the measuring equipment must achieve 
an overall flow rate measurement uncertainty within 2 percent.
    (3) The determination of uncertainty is based on the values of 
flowing parameters (e.g., differential pressure, static pressure, and 
flowing temperature for differential meters or velocity, mass flow rate, 
or volumetric flow rate for linear meters) determined as follows, listed 
in order of priority:
    (i) The average flowing parameters listed on the most recent daily 
QTR, if available to the BLM at the time of uncertainty determination; 
or
    (ii) The average flowing parameters from the previous day, as 
required under Sec. 3175.101(b)(4)(i) through (iii) (for differential 
meters).
    (4) The uncertainty must be calculated under API 14.3.1, Section 12 
(incorporated by reference, see Sec. 3175.30) or other methods approved 
by the AO.
    (b) Heating value uncertainty levels. (1) For high-volume FMPs, the 
measuring equipment must achieve an annual average heating value 
uncertainty within 2 percent.
    (2) For very-high-volume FMPs, the measuring equipment must achieve 
an annual average heating value uncertainty within 1 percent.
    (3) Unless otherwise approved by the AO, the average annual heating 
value uncertainty must be determined as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO16.057

    (c) Bias. For low-volume, high-volume, and very-high-volume FMPs, 
the measuring equipment used for either flow rate or heating value 
determination must achieve measurement without statistically significant 
bias.
    (d) Verifiability. An operator may not use measurement equipment for 
which the accuracy and validity of any input,

[[Page 555]]

factor, or equation used by the measuring equipment to determine 
quantity, rate, or heating value are not independently verifiable by the 
BLM. Verifiability includes the ability to independently recalculate the 
volume, rate, and heating value based on source records and field 
observations.



Sec. 3175.40  Measurement equipment approved by standard or make
and model.

    The measurement equipment described in Secs. 3175.41 through 3175.49 
is approved for use at FMPs under the conditions and circumstances 
stated in those sections, provided it meets or exceeds the minimum 
standards prescribed in this subpart.



Sec. 3175.41  Flange-tapped orifice plates.

    Flange-tapped orifice plates that are constructed, installed, 
operated, and maintained in accordance with the standards in 
Sec. 3175.80 are approved for use.



Sec. 3175.42  Chart recorders.

    Chart recorders used in conjunction with approved differential-type 
meters that are installed, operated, and maintained in accordance with 
the standards in Sec. 3175.90 are approved for use for low-volume and 
very-low-volume FMPs only, and are not approved for high-volume or very-
high-volume FMPs.



Sec. 3175.43  Transducers.

    (a) A transducer of a specific make, model, and URL is approved for 
use in conjunction with differential meters for high-volume or very-
high-volume FMPs if it meets the following requirements:
    (1) It has been type-tested under Sec. 3175.130;
    (2) The documentation required in Sec. 3175.134 has been submitted 
to the PMT; and
    (3) It has been approved by the BLM and placed on the list of type-
tested equipment maintained at www/blm.gov.
    (b) A transducer of a specific make, model, and URL, in use at an 
FMP before January 17, 2017, is approved for continued use if:
    (1) Data supporting the published performance specification of the 
transducer are submitted to the PMT in lieu of the documentation 
required in paragraph (a)(2) of this section; and
    (2) It has been approved by the BLM and placed on the list of type-
tested equipment maintained at www.blm.gov.
    (c) All transducers are approved for use at very-low- and low-volume 
FMPs.



Sec. 3175.44  Flow-computer software.

    (a) A flow computer of a particular make and model, and equipped 
with a particular software version, is approved for use at high- and 
very-high-volume FMPs if the flow computer and software version meet the 
following requirements:
    (1) The documentation required in Sec. 3175.144 has been submitted 
to the PMT;
    (2) The PMT has determined that the flow computer and software 
version passed the type-testing required in Sec. 3175.140, except as 
provided in paragraph (b) of this section; and
    (3) The BLM has approved the flow computer and software version and 
has placed them on the list of approved equipment maintained at 
www.blm.gov.
    (b) Software versions (high- and very-high-volume FMPs). (1) 
Software revisions that affect or have the potential to affect 
determination of flow rate, determination of volume, determination of 
heating value, or data or calculations used to verify flow rate, volume, 
or heating value must be type-tested under Sec. 3175.140.
    (2) Software revisions that do not affect or have the potential to 
affect the determination of flow rate, determination of volume, 
determination of heating value, or data and calculations used to verify 
flow rate, volume, or heating value are not required to be type-tested, 
however, the operator must provide the BLM with a list of these software 
versions and a brief description of what changes were made from the 
previous version. (The software manufacturer may provide such 
information instead of the operator.)
    (c) Software versions (low- and very-low-volume FMPs). All software 
versions are approved for use at low- and very-low-volume FMPs, unless 
otherwise required by the BLM.

[[Page 556]]



Sec. 3175.45  Gas chromatographs.

    GCs that meet the standards in Secs. 3175.117 and 3175.118 for 
determining heating value and relative density are approved for use.



Sec. 3175.46  Isolating flow conditioners.

    The BLM will list on www.blm.gov the make, model, and size of 
isolating flow conditioner that is approved for use in conjunction with 
a flange-tapped orifice plate, so long as the isolating flow conditioner 
is installed, operated, and maintained in compliance with the 
requirements of this section. Approval of a particular make and model is 
obtained as prescribed in this section.
    (a) All testing required under this section must be performed at a 
qualified test facility not affiliated with the flow-conditioner 
manufacturer.
    (b) The operator or manufacturer must test the flow conditioner 
under API 14.3.2, Annex D (incorporated by reference, see Sec. 3175.30) 
and submit all test data to the BLM.
    (c) The PMT will review the test data to ensure that the device 
meets the requirements of API 14.3.2, Annex D (incorporated by 
reference, see Sec. 3175.30) and make a recommendation to the BLM to 
either approve use of the device, disapprove use of the device, or 
approve it with conditions for its use.
    (d) If approved, the BLM will add the approved make and model, and 
any applicable conditions of use, to the list maintained at www.blm.gov.



Sec. 3175.47  Differential primary devices other than flange-tapped
orifice plates.

    A make, model, and size of differential primary device listed at 
www.blm.gov is approved for use if it is installed, operated, and 
maintained in compliance with any applicable conditions of use 
identified on www.blm.gov for that device. Approval of a particular make 
and model is obtained as follows:
    (a) All testing required under this section must be performed at a 
qualified test facility not affiliated with the primary device 
manufacturer.
    (b) The primary device must be tested under API 22.2 (incorporated 
by reference, see Sec. 3175.30).
    (c) The operator must submit to the BLM all test data required under 
API 22.2 (incorporated by reference, see Sec. 3175.30). (The 
manufacturer of the primary device may submit such information instead 
of the operator.)
    (d) The PMT will review the test data to ensure that the primary 
device meets the requirements of API 22.2 (incorporated by reference, 
see Sec. 3175.30) and Sec. 3175.31(c) and (d) and make a recommendation 
to the BLM to either approve use of the device, disapprove use of the 
device, or approve its use with conditions.
    (e) If the primary device is approved by the BLM, the BLM will add 
the approved make and model, and any applicable conditions of use, to 
the list maintained at www.blm.gov.



Sec. 3175.48  Linear measurement devices.

    A make, model, and size of linear measurement device listed at 
www.blm.gov is approved for use if it is installed, operated, and 
maintained in compliance with any conditions of use identified on 
www.blm.gov for that device. Approval of a particular make and model is 
obtained as follows:
    (a) The linear measurement device must be tested at a qualified test 
facility not affiliated with the linear-measurement-device manufacturer;
    (b) The operator or manufacturer must submit to the BLM all test 
data required by the PMT;
    (c) The PMT will review the test data to ensure that the linear 
measurement device meets the requirements of Sec. 3175.31(c) and (d) and 
make a recommendation to the BLM to either approve use of the device, 
disapprove use of the device, or approve its use with conditions; and
    (d) If the linear measurement device is approved, the BLM will add 
the approved make and model, and any applicable conditions of use, to 
the list maintained at www.blm.gov.



Sec. 3175.49  Accounting systems.

    An accounting system with a name and version listed at www.blm.gov 
is approved for use in reporting logs and records to the BLM. The 
approval is specific to those makes and models of flow computers for 
which testing demonstrates compatibility. Approval for a

[[Page 557]]

particular name and version of accounting system used with a particular 
make and model of flow computer is obtained as follows:
    (a) For daily QTRs (see Sec. 3175.104(a)), an operator or vendor 
must submit daily QTRs to the BLM both from the accounting system and 
directly from the flow computer for at least 6 consecutive monthly 
reporting periods;
    (b) For hourly QTRs (see Sec. 3175.104(a)), an operator must submit 
hourly QTRs to the BLM both from the accounting system and directly from 
the flow computer for at least 15 consecutive daily reporting periods. 
(A vendor may submit such information on behalf of an operator);
    (c) For configuration logs (see Sec. 3175.104(b)), an operator must 
submit at least 10 configuration logs to the BLM taken at random times 
covering a span of at least 6 months both from the accounting system and 
directly from the flow computer. (A vendor may submit such information 
on behalf of an operator);
    (d) For event logs (see Sec. 3175.104(c)), an operator must submit 
an event log to the BLM containing at least 50 events both from the 
accounting system and directly from the flow computer. (A vendor may 
submit such information on behalf of an operator);
    (e) For alarm logs (see Sec. 3175.104(d)), an operator must submit 
an alarm log to the BLM containing at least 50 alarm conditions both 
from the accounting system and directly from the flow computer (a vendor 
may submit such information on behalf of an operator);
    (f) The BLM may require additional tests and records that may be 
necessary to determine that the software meets the requirements of 
Sec. 3175.104(a);
    (g) The records retrieved directly from the flow computer in 
paragraphs (a) through (d) of this section must be unedited;
    (h) The records retrieved from the accounting system in paragraphs 
(a) through (d) must include both edited and unedited versions; and
    (i) The BLM will approve the accounting system name and version for 
use with the make and model of flow computer used for comparison, and 
add the system name and version to the list of approved systems 
maintained at www.blm.gov if:
    (1) The BLM compares the records retrieved directly from the flow 
computer with the unedited records from the accounting system and there 
are no significant discrepancies; and
    (2) The BLM compares the records retrieved directly from the flow 
computer with the edited records from the accounting system and all 
changes are clearly indicated, the reason for each change is indicated 
or is available upon request, and the edited version is clearly 
distinguishable from the unedited version.



Sec. 3175.60  Timeframes for compliance.

    (a) New FMPs. (1) Except as allowed in paragraphs (a)(2) through (4) 
of this section, the measuring procedures and equipment installed at any 
FMP on or after January 17, 2017 must comply with all of the 
requirements of this subpart upon installation.
    (2) The gas analysis reporting requirements of Sec. 3175.120(e) and 
(f) will begin on January 17, 2019.
    (3) High- and very-high-volume FMPs must comply with the sampling 
frequency requirements of Sec. 3175.115(b) starting on January 17, 2019. 
Between January 17, 2017 and January 17, 2019, the initial sampling 
frequencies required at high- and very-high-volume FMPs are those listed 
in Table 1 to Sec. 3175.110.
    (4) Equipment approvals required in Secs. 3175.43, 3175.44, and 
3175.46 through 3175.49 will be required after January 17, 2019.
    (b) Existing FMPs. (1) Except as allowed in Sec. 3175.61, measuring 
procedures and equipment at any FMP in place before January 17, 2017 
must comply with the requirements of this subpart within the timeframes 
specified in this paragraph (b).
    (2) High- and very-high-volume FMPs must comply with:
    (i) All of the requirements of this subpart except as specified in 
paragraphs (b)(2)(ii) and (iii) of this section by January 17, 2018;
    (ii) The gas analysis reporting requirements of Sec. 3175.120(e) and 
(f) starting on January 17, 2019; and

[[Page 558]]

    (iii) Equipment approvals required in Secs. 3175.43, 3175.44, and 
3175.46 through 3175.49 starting on January 17, 2019.
    (3) Low-volume FMPs must comply with all of the requirements of this 
subpart by January 17, 2019.
    (4) Very-low-volume FMPs must comply with all of the requirements of 
this subpart by January 17, 2020.
    (c) During the phase-in timeframes in paragraph (b) of this section, 
measuring procedures and equipment in place before January 17, 2017 must 
comply with the requirements in place prior to the issuance of this 
rule, including Onshore Oil and Gas Order No. 5, Measurement of Gas, and 
applicable NTLs, COAs, and written orders.
    (d) Onshore Oil and Gas Order No. 5, Measurement of Gas, statewide 
NTLs, variance approvals, and written orders that establish requirements 
or standards related to gas measurement and that are in effect on 
January 17, 2017 are rescinded as of:
    (1) January 17, 2018 for high-volume and very-high-volume FMPs;
    (2) January 17, 2019 for low-volume FMPs; and
    (3) January 17, 2020 for very-low-volume FMPs.



Sec. 3175.61  Grandfathering.

    (a) Meter tubes. Meter tubes installed at high- and low-volume FMPs 
before January 17, 2017 are exempt from the meter tube requirements of 
API 14.3.2, Subsection 6.2 (incorporated by reference, see 
Sec. 3175.30), and Sec. 3175.80(f) and (k). For high-volume FMPs, the 
BLM will add an uncertainty of 0.25 percent to the discharge 
coefficient uncertainty when determining overall meter uncertainty under 
Sec. 3175.31(a), unless the PMT reviews, and the BLM approves, data 
showing otherwise. Meter tubes grandfathered under this section must 
still meet the following requirements:
    (1) Orifice plate eccentricity must comply with AGA Report No. 3 
(1985), Section 4.2.4 (incorporated by reference, see Sec. 3175.30).
    (2) Meter tube construction and condition must comply with AGA 
Report No. 3 (1985), Section 4.3.4 (incorporated by reference, see 
Sec. 3175.30).
    (3) Meter tube lengths. (i) Meter tube lengths must comply with AGA 
Report No. 3 (1985), Section 4.4 (dimensions ``A'' and ``A''' from 
Figures 4-8) (incorporated by reference, see Sec. 3175.30).
    (ii) If the upstream meter tube contains a 19-tube bundle flow 
straightener or isolating flow conditioner, the installation must comply 
with Sec. 3175.80(g);
    (b) EGM software. (1) EGM software installed at very-low-volume FMPs 
before January 17, 2017 is exempt from the requirements in 
Sec. 3175.103(a)(1). However, flow-rate calculations must still be 
calculated in accordance with AGA Report No. 3 (1985), Section 6, or API 
14.3.3 (1992), and supercompressibility calculations must still be 
calculated in accordance with PRCI NX 19 (all incorporated by reference, 
see Sec. 3175.30).
    (2) EGM software installed at low-volume FMPs before January 17, 
2017 is exempt from the requirements at Sec. 3175.103(a)(1)(i) if the 
differential-pressure to static-pressure ratio, based on the monthly 
average differential pressure and static pressure, is less than the 
value of ``xi'' shown in API 14.3.3 (1992), Annex G, Table 
G.1 (incorporated by reference, see Sec. 3175.30). However, flow-rate 
calculations must still be calculated in accordance with API 14.3.3 
(1992) (incorporated by reference, see Sec. 3175.30).



Sec. 3175.70  Measurement location.

    (a) Commingling and allocation. Gas produced from a lease, unit PA, 
or CA may not be commingled with production from other leases, unit PAs, 
CAs, or non-Federal properties before the point of royalty measurement, 
unless prior approval is obtained under 43 CFR subpart 3173.
    (b) Off-lease measurement. Gas must be measured on the lease, unit, 
or CA unless approval for off-lease measurement is obtained under 43 CFR 
subpart 3173.



Sec. 3175.80  Flange-tapped orifice plates (primary devices).

    Except as stated in this section, as prescribed in Table 1 to this 
section, or grandfathered under Sec. 3175.61, the standards and 
requirements in this section apply to all flange-tapped orifice plates 
(Note: The following table lists the standards in this subpart and the

[[Page 559]]

API standards that the operator must follow to install and maintain 
flange-tapped orifice plates. A requirement applies when a column is 
marked with an ``x'' or a number.).
[GRAPHIC] [TIFF OMITTED] TR17NO16.058

    (a) The Beta ratio must be no less than 0.10 and no greater than 
0.75.
    (b) The orifice bore diameter must be no less than 0.45 inches.
    (c) For FMPs measuring production from wells first coming into 
production, or from existing wells that have been re-fractured 
(including FMPs already measuring production from one or more other 
wells), the operator must inspect the orifice plate upon installation 
and then every 2 weeks thereafter. If the inspection shows that the 
orifice plate does not comply with API 14.3.2, Section 4 (incorporated 
by reference, see Sec. 3175.30), the operator must replace

[[Page 560]]

the orifice plate. When the inspection shows that the orifice plate 
complies with API 14.3.2, Section 4 (incorporated by reference, see 
Sec. 3175.30), the operator thereafter must inspect the orifice plate as 
prescribed in paragraph (d) of this section.
    (d) The operator must pull and inspect the orifice plate at the 
frequency (in months) identified in Table 1 to this section. The 
operator must replace orifice plates that do not comply with API 14.3.2, 
Section 4 (incorporated by reference, see Sec. 3175.30), with an orifice 
plate that does comply with these standards.
    (e) The operator must retain documentation for every plate 
inspection and must include that documentation as part of the 
verification report (see Sec. 3175.92(d) for mechanical recorders, or 
Sec. 3175.102(e) for EGM systems). The operator must provide that 
documentation to the BLM upon request. The documentation must include:
    (1) The information required in Sec. 3170.7(g) of this part;
    (2) Plate orientation (bevel upstream or downstream);
    (3) Measured orifice bore diameter;
    (4) Plate condition (compliance with API 14.3.2, Section 4 
(incorporated by reference, see Sec. 3175.30));
    (5) The presence of oil, grease, paraffin, scale, or other 
contaminants on the plate;
    (6) Time and date of inspection; and
    (7) Whether or not the plate was replaced.
    (f) Meter tubes must meet the requirements of API 14.3.2, 
Subsections 5.1 through 5.4 (incorporated by reference, see 
Sec. 3175.30).
    (g) If flow conditioners are used, they must be either isolating-
flow conditioners approved by the BLM and installed under BLM 
requirements (see Sec. 3175.46) or 19-tube-bundle flow straighteners 
constructed in compliance with API 14.3.2, Subsections 5.5.2 through 
5.5.4, and located in compliance with API 14.3.2, Subsection 6.3 
(incorporated by reference, see Sec. 3175.30).
    (h) Basic meter tube inspection. The operator must:
    (1) Perform a basic inspection of meter tubes within the timeframe 
(in years) specified in Table 1 to this section;
    (2) Conduct a basic inspection that is able to identify 
obstructions, pitting, and buildup of foreign substances (e.g., grease 
and scale);
    (3) Notify the AO at least 72 hours in advance of performing a basic 
inspection or submit a monthly or quarterly schedule of basic 
inspections to the AO in advance;
    (4) Conduct additional inspections, as the AO may require, if 
warranted by conditions, such as corrosive or erosive-flow (e.g., high 
H2S or CO2 content) or signs of physical damage to 
the meter tube;
    (5) Maintain documentation of the findings from the basic meter tube 
inspection including:
    (i) The information required in Sec. 3170.7(g) of this part;
    (ii) The time and date of inspection;
    (iii) The type of equipment used to make the inspection; and
    (iv) A description of findings, including location and severity of 
pitting, obstructions, and buildup of foreign substances; and
    (6) Complete the first inspection after January 17, 2017 within the 
timeframes (in years) given in Table 1 to this section.
    (i) Detailed meter tube inspection. (1) Within 30 days of a basic 
inspection that indicates the presence of pitting, obstructions, or a 
buildup of foreign substances, the operator must:
    (i) For low-volume FMPs, clean the meter tube of obstructions and 
foreign substances;
    (ii) For high- and very-high-volume FMPs, physically measure and 
inspect the meter tube to determine if the meter tube complies with API 
14.3.2, Subsections 5.1 through 5.4 and API 14.3.2, Subsection 6.2 
(incorporated by reference, see Sec. 3175.30), or the requirements under 
Sec. 3175.61(a), if the meter tube is grandfathered under 
Sec. 3175.61(a). If the meter tube does not comply with the applicable 
standards, the operator must repair the meter tube to bring the meter 
tube into compliance with these standards or replace the meter tube with 
one that meets these standards; or
    (iii) Submit a request to the AO for an extension of the 30-day 
timeframe, justifying the need for the extension.

[[Page 561]]

    (2) For all high- and very-high volume FMPs installed after January 
17, 2017, the operator must perform a detailed inspection under 
paragraph (i)(1)(ii) of this section before operation of the meter. The 
operator may submit documentation showing that the meter tube complies 
with API 14.3.2, Subsections 5.1 through 5.4 (incorporated by reference, 
see Sec. 3175.30) in lieu of performing a detailed inspection.
    (3) The operator must notify the AO at least 24 hours before 
performing a detailed inspection.
    (j) The operator must retain documentation of all detailed meter 
tube inspections, demonstrating that the meter tube complies with API 
14.3.2, Subsections 5.1 through 5.4 (incorporated by reference, see 
Sec. 3175.30), and showing all required measurements. The operator must 
provide such documentation to the BLM upon request for every meter-tube 
inspection. Documentation must also include the information required in 
Sec. 3170.7(g) of this part.
    (k) Meter tube lengths. (1) Meter-tube lengths and the location of 
19-tube-bundle flow straighteners, if applicable, must comply with API 
14.3.2, Subsection 6.3 (incorporated by reference, see Sec. 3175.30).
    (2) For Beta ratios of less than 0.5, the location of 19-tube bundle 
flow straighteners installed in compliance with AGA Report No. 3 (1985), 
Section 4.4 (incorporated by reference, see Sec. 3175.30), also complies 
with the location of 19-tube bundle flow straighteners as required in 
paragraph (k)(1) of this section.
    (3) If the diameter ratio (b) falls between the values in Tables 7, 
8a, or 8b of API 14.3.2, Subsection 6.3 (incorporated by reference, see 
Sec. 3175.30), the length identified for the larger diameter ratio in 
the appropriate Table is the minimum requirement for meter-tube length 
and determines the location of the end of the 19-tube-bundle flow 
straightener closest to the orifice plate. For example, if the 
calculated diameter ratio is 0.41, use the table entry for a 0.50 
diameter ratio.
    (l) Thermometer wells. (1) Thermometer wells used for determining 
the flowing temperature of the gas as well as thermometer wells used for 
verification (test well) must be located in compliance with API 14.3.2, 
Subsection 6.5 (incorporated by reference, see Sec. 3175.30).
    (2) Thermometer wells must be located in such a way that they can 
sense the same flowing gas temperature that exists at the orifice plate. 
The operator may accomplish this by physically locating the thermometer 
well(s) in the same ambient temperature conditions as the primary device 
(such as in a heated meter house) or by installing insulation and/or 
heat tracing along the entire meter run. If the operator chooses to use 
insulation to comply with this requirement, the AO may prescribe the 
quality of the insulation based on site specific factors such as ambient 
temperature, flowing temperature of the gas, composition of the gas, and 
location of the thermometer well in relation to the orifice plate (i.e., 
inside or outside of a meter house).
    (3) Where multiple thermometer wells have been installed in a meter 
tube, the flowing temperature must be measured from the thermometer well 
closest to the primary device.
    (4) Thermometer wells used to measure or verify flowing temperature 
must contain a thermally conductive liquid.
    (m) The sampling probe must be located as specified in 
Sec. 3175.112(b).



Sec. 3175.90  Mechanical recorder (secondary device).

    (a) The operator may use a mechanical recorder as a secondary device 
only on very-low-volume and low-volume FMPs.
    (b) Table 1 to this section lists the standards that the operator 
must follow to install, operate, and maintain mechanical recorders. A 
requirement applies when a column is marked with an ``x'' or a number.

[[Page 562]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.059



Sec. 3175.91  Installation and operation of mechanical recorders.

    (a) Gauge lines connecting the pressure taps to the mechanical 
recorder must:
    (1) Have a nominal diameter of not less than 3/8 inch, including 
ports and valves;
    (2) Be sloped upwards from the pressure taps at a minimum pitch of 1 
inch per foot of length with no visible sag;
    (3) Be the same internal diameter along their entire length;
    (4) Not include tees, except for the static-pressure line;
    (5) Not be connected to more than one differential-pressure bellows 
and static-pressure element, or to any other device; and
    (6) Be no longer than 6 feet.
    (b) The differential-pressure pen must record at a minimum reading 
of 10 percent of the differential-pressure-bellows range for the 
majority of the flowing period. This requirement does not apply to 
inverted charts.

[[Page 563]]

    (c) The flowing temperature of the gas must be continuously recorded 
and used in the volume calculations under Sec. 3175.94(a)(1).
    (d) The following information must be maintained at the FMP in a 
legible condition, in compliance with Sec. 3170.7(g) of this part, and 
accessible to the AO at all times:
    (1) Differential-pressure-bellows range;
    (2) Static-pressure-element range;
    (3) Temperature-element range;
    (4) Relative density (specific gravity) of the gas;
    (5) Static-pressure units of measure (psia or psig);
    (6) Meter elevation;
    (7) Meter-tube inside diameter;
    (8) Primary device type;
    (9) Orifice-bore or other primary-device dimensions necessary for 
device verification, Beta- or area-ratio determination, and gas-volume 
calculation;
    (10) Make, model, and location of approved isolating flow 
conditioners, if used;
    (11) Location of the downstream end of 19-tube-bundle flow 
straighteners, if used;
    (12) Date of last primary-device inspection; and
    (13) Date of last meter verification.
    (e) The differential pressure, static pressure, and flowing 
temperature elements must be operated between the lower- and upper-
calibrated limits of the respective elements.



Sec. 3175.92  Verification and calibration of mechanical recorders.

    (a) Verification after installation or following repair. (1) Before 
performing any verification of a mechanical recorder required in this 
part, the operator must perform a leak test. The verification must not 
proceed if leaks are present. The leak test must be conducted in a 
manner that will detect leaks in the following:
    (i) All connections and fittings of the secondary device, including 
meter manifolds and verification equipment;
    (ii) The isolation valves; and
    (iii) The equalizer valves.
    (2) The operator must adjust the time lag between the differential- 
and static-pressure pens, if necessary, to be 1/96 of the chart rotation 
period, measured at the chart hub. For example, the time lag is 15 
minutes on a 24-hour test chart and 2 hours on an 8-day test chart.
    (3) The meter's differential pen arc must be able to duplicate the 
test chart's time arc over the full range of the test chart, and must be 
adjusted, if necessary.
    (4) The as-left values must be verified in the following sequence 
against a certified pressure device for the differential-pressure and 
static-pressure elements (if the static-pressure pen has been offset for 
atmospheric pressure, the static-pressure element range is in psia):
    (i) Zero (vented to atmosphere);
    (ii) 50 percent of element range;
    (iii) 100 percent of element range;
    (iv) 80 percent of element range;
    (v) 20 percent of element range; and
    (vi) Zero (vented to atmosphere).
    (5) The following as-left temperatures must be verified by placing 
the temperature probe in a water bath with a certified test thermometer:
    (i) Approximately 10 F below the lowest expected flowing 
temperature;
    (ii) Approximately 10 F above the highest expected flowing 
temperature; and
    (iii) At the expected average flowing temperature.
    (6) If any of the readings required in paragraph (a)(4) or (5) of 
this section vary from the test device reading by more than the 
tolerances shown in Table 1 to this section, the operator must replace 
and verify the element for which readings were outside the applicable 
tolerances before returning the meter to service.

[[Page 564]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.060

    (7) If the static-pressure pen is offset for atmospheric pressure:
    (i) The atmospheric pressure must be calculated under appendix A to 
this subpart; and
    (ii) The pen must be offset prior to obtaining the as-left 
verification values required in paragraph (a)(4) of this section.
    (b) Routine verification frequency. The differential pressure, 
static pressure, and temperature elements must be verified under the 
requirements of this section at the frequency specified in Table 1 to 
Sec. 3175.90, in months.
    (c) Routine verification procedures. (1) Before performing any 
verification required in this part, the operator must perform a leak 
test in the manner required under paragraph (a)(1) of this section.
    (2) No adjustments to the pens or linkages may be made until an as-
found verification is obtained. If the static pen has been offset for 
atmospheric pressure, the static pen must not be reset to zero until the 
as-found verification is obtained.
    (3) The operator must obtain the as-found values of differential and 
static pressure against a certified pressure device at the readings 
listed in paragraph (a)(4) of this section, with the following 
additional requirements:
    (i) If there is sufficient data on site to determine the point at 
which the differential and static pens normally operate, the operator 
must also obtain an as-found value at those points;
    (ii) If there is not sufficient data on site to determine the points 
at which the differential and static pens normally operate, the operator 
must also obtain as-found values at 5 percent of the element range and 
10 percent of the element range; and
    (iii) If the static-pressure pen has been offset for atmospheric 
pressure, the static-pressure element range is in units of psia.
    (4) The as-found value for temperature must be taken using a 
certified test thermometer placed in a test thermometer well if there is 
flow through the meter and the meter tube is equipped with a test 
thermometer well. If there is no flow through the meter or if the meter 
is not equipped with a test thermometer well, the temperature probe must 
be verified by placing it along with a test thermometer in an insulated 
water bath.
    (5) The element undergoing verification must be calibrated according 
to manufacturer specifications if any of the as-found values determined 
under paragraph (c)(3) or (4) of this section are not within the 
tolerances shown in Table 1 to this section, when compared to the values 
applied by the test equipment.
    (6) The operator must adjust the time lag between the differential- 
and static-pressure pens, if necessary, to be 1/96 of the chart rotation 
period, measured

[[Page 565]]

at the chart hub. For example, the time lag is 15 minutes on a 24-hour 
test chart and 2 hours on an 8-day test chart.
    (7) The meter's differential pen arc must be able to duplicate the 
test chart's time arc over the full range of the test chart, and must be 
adjusted, if necessary.
    (8) If any adjustment to the meter was made, the operator must 
perform an as-left verification on each element adjusted using the 
procedures in paragraphs (c)(3) and (4) of this section.
    (9) If, after an as-left verification, any of the readings required 
in paragraph (c)(3) or (4) of this section vary by more than the 
tolerances shown in Table 1 to this section when compared with the test-
device reading, any element which has readings that are outside of the 
applicable tolerances must be replaced and verified under this section 
before the operator returns the meter to service.
    (10) If the static-pressure pen is offset for atmospheric pressure:
    (i) The atmospheric pressure must be calculated under appendix A to 
this subpart; and
    (ii) The pen must be offset prior to obtaining the as-left 
verification values required in paragraph (c)(3) of this section.
    (d) The operator must retain documentation of each verification, as 
required under Sec. 3170.7(g) of this part, and submit it to the BLM 
upon request. This documentation must include:
    (1) The time and date of the verification and the prior verification 
date;
    (2) Primary-device data (meter-tube inside diameter and 
differential-device size and Beta or area ratio) if the orifice plate is 
pulled and inspected;
    (3) The type and location of taps (flange or pipe, upstream or 
downstream static tap);
    (4) Atmospheric pressure used to offset the static-pressure pen, if 
applicable;
    (5) Mechanical recorder data (make, model, and differential 
pressure, static pressure, and temperature element ranges);
    (6) The normal operating points for differential pressure, static 
pressure, and flowing temperature;
    (7) Verification points (as-found and applied) for each element;
    (8) Verification points (as-left and applied) for each element, if a 
calibration was performed;
    (9) Names, contact information, and affiliations of the person 
performing the verification and any witness, if applicable; and
    (10) Remarks, if any.
    (e) Notification of verification. (1) For verifications performed 
after installation or following repair, the operator must notify the AO 
at least 72 hours before conducting the verifications.
    (2) For routine verifications, the operator must notify the AO at 
least 72 hours before conducting the verification or submit a monthly or 
quarterly verification schedule to the AO in advance.
    (f) If, during the verification, the combined errors in as-found 
differential pressure, static pressure, and flowing temperature taken at 
the normal operating points tested result in a flow-rate error greater 
than 2 percent or 2 Mcf/day, whichever is greater, the volumes reported 
on the OGOR and on royalty reports submitted to ONRR must be corrected 
beginning with the date that the inaccuracy occurred. If that date is 
unknown, the volumes must be corrected beginning with the production 
month that includes the date that is half way between the date of the 
last verification and the date of the current verification. For example: 
Meter verification determined that the meter was reading 4 Mcf/day high 
at the normal operating points. The average flow rate measured by the 
meter is 90 Mcf/day. There is no indication of when the inaccuracy 
occurred. The date of the current verification was December 15, 2015. 
The previous verification was conducted on June 15, 2015. The royalty 
volumes reported on OGOR B that were based on this meter must be 
corrected for the 4 Mcf/day error back to September 15, 2015.
    (g) Test equipment used to verify or calibrate elements at an FMP 
must be certified at least every 2 years. Documentation of the 
recertification must be on-site during all verifications and must show:
    (1) Test equipment serial number, make, and model;

[[Page 566]]

    (2) The date on which the recertification took place;
    (3) The test equipment measurement range; and
    (4) The uncertainty determined or verified as part of the 
recertification.



Sec. 3175.93  Integration statements.

    An unedited integration statement must be retained and made 
available to the BLM upon request. The integration statement must 
contain the following information:
    (a) The information required in Sec. 3170.7(g) of this part;
    (b) The name of the company performing the integration;
    (c) The month and year for which the integration statement applies;
    (d) Meter-tube inside diameter (inches);
    (e) The following primary device information, as applicable:
    (i) Orifice bore diameter (inches); or
    (ii) Beta or area ratio, discharge coefficient, and other 
information necessary to calculate the flow rate;
    (f) Relative density (specific gravity);
    (g) CO2 content (mole percent);
    (h) N2 content (mole percent);
    (i) Heating value calculated under Sec. 3175.125 (Btu/standard cubic 
feet);
    (j) Atmospheric pressure or elevation at the FMP;
    (k) Pressure base;
    (l) Temperature base;
    (m) Static-pressure tap location (upstream or downstream);
    (n) Chart rotation (hours or days);
    (o) Differential-pressure bellows range (inches of water);
    (p) Static-pressure element range (psi); and
    (q) For each chart or day integrated:
    (i) The time and date on and time and date off;
    (ii) Average differential pressure (inches of water);
    (iii) Average static pressure;
    (iv) Static-pressure units of measure (psia or psig);
    (v) Average temperature ( F);
    (vi) Integrator counts or extension;
    (vii) Hours of flow; and
    (viii) Volume (Mcf).



Sec. 3175.94  Volume determination.

    (a) The volume for each chart integrated must be determined as 
follows:

V = IMV  x  IV

Where:

V = reported volume, Mcf
IMV = integral multiplier value, as calculated under this section
IV = the integral value determined by the integration process (also 
          known as the ``extension,'' ``integrated extension,'' and 
          ``integrator count'')

    (1) If the primary device is a flange-tapped orifice plate, a single 
IMV must be calculated for each chart or chart interval using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR17NO16.061

Where:

Cd = discharge coefficient or flow coefficient, calculated 
          under API 14.3.3 or AGA Report No. 3 (1985), Section 5 
          (incorporated by reference, see Sec. 3175.30)
b = Beta ratio
Y = gas expansion factor, calculated under API 14.3.3, Subsection 5.6 or 
          AGA Report No. 3 (1985), Section 5 (incorporated by reference, 
          see Sec. 3175.30)
d = orifice diameter, in inches
Zb = supercompressibility at base pressure and temperature
Gr = relative density (specific gravity)
Zf = supercompressibility at flowing pressure and temperature
Tf = average flowing temperature, in degrees Rankine

    (2) For other types of primary devices, the IMV must be calculated 
using the equations and procedures recommended by the PMT and approved 
by the BLM, specific to the make, model, size, and area ratio of the 
primary device being used.
    (3) Variables that are functions of differential pressure, static 
pressure, or

[[Page 567]]

flowing temperature (e.g., Cd, Y, Zf) must use the 
average values of differential pressure, static pressure, and flowing 
temperature as determined from the integration statement and reported on 
the integration statement for the chart or chart interval integrated. 
The flowing temperature must be the average flowing temperature reported 
on the integration statement for the chart or chart interval being 
integrated.
    (b) Atmospheric pressure used to convert static pressure in psig to 
static pressure in psia must be determined under appendix A to this 
subpart.



Sec. 3175.100  Electronic gas measurement (secondary and tertiary
device).

    Except as stated in this section, as prescribed in Table 1 to this 
section, or grandfathered under Sec. 3175.61, the standards and 
requirements in this section apply to all EGM systems used at FMPs 
(Note: The following table lists the standards in this subpart and the 
API standards that the operator must follow to install and maintain EGM 
systems. A requirement applies when a column is marked with an ``x'' or 
a number.).

[[Page 568]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.062



Sec. 3175.101  Installation and operation of electronic gas measurement
systems.

    (a) Manifolds and gauge lines connecting the pressure taps to the 
secondary device must:
    (1) Have a nominal diameter of not less than \3/8\-inch, including 
ports and valves;
    (2) Be sloped upwards from the pressure taps at a minimum pitch of 1 
inch per foot of length with no visible sag;
    (3) Have the same internal diameter along their entire length;
    (4) Not include tees except for the static-pressure line;
    (5) Not be connected to any other devices or more than one 
differential

[[Page 569]]

pressure and static-pressure transducer. If the operator is employing 
redundancy verification, two differential pressure and two static-
pressure transducers may be connected; and
    (6) Be no longer than 6 feet.
    (b) Each FMP must include a display, which must:
    (1) Be readable without the need for data-collection units, laptop 
computers, a password, or any special equipment;
    (2) Be on site and in a location that is accessible to the AO;
    (3) Include the units of measure for each required variable;
    (4) Display the software version and previous-day's volume, as well 
as the following variables consecutively:
    (i) Current flowing static pressure with units (psia or psig);
    (ii) Current differential pressure (inches of water);
    (iii) Current flowing temperature ( F); and
    (iv) Current flow rate (Mcf/day or scf/day); and
    (5) Either display or post on site and accessible to the AO an 
hourly or daily QTR (see Sec. 3175.104(a)) no more than 31 days old 
showing the following information:
    (i) Previous-period (for this section, previous period means at 
least 1 day prior, but no longer than 1 month prior) average 
differential pressure (inches of water);
    (ii) Previous-period average static pressure with units (psia or 
psig); and
    (iii) Previous-period average flowing temperature ( F).
    (c) The following information must be maintained at the FMP in a 
legible condition, in compliance with Sec. 3170.7(g) of this part, and 
accessible to the AO at all times:
    (1) The unique meter ID number;
    (2) Relative density (specific gravity);
    (3) Elevation of the FMP;
    (4) Primary device information, such as orifice bore diameter 
(inches) or Beta or area ratio and discharge coefficient, as applicable;
    (5) Meter-tube mean inside diameter;
    (6) Make, model, and location of approved isolating flow 
conditioners, if used;
    (7) Location of the downstream end of 19-tube-bundle flow 
straighteners, if used;
    (8) For self-contained EGM systems, make and model number of the 
system;
    (9) For component-type EGM systems, make and model number of each 
transducer and the flow computer;
    (10) URL and upper calibrated limit for each transducer;
    (11) Location of the static-pressure tap (upstream or downstream);
    (12) Last primary-device inspection date; and
    (13) Last secondary device verification date.
    (d) The differential pressure, static pressure, and flowing 
temperature transducers must be operated between the lower and upper 
calibrated limits of the transducer. The BLM may approve the 
differential pressure to exceed the upper calibrated limit of the 
differential-pressure transducer for brief periods in plunger lift 
operations; however, the differential pressure may not exceed the URL.
    (e) The flowing temperature of the gas must be continuously measured 
and used in the flow-rate calculations under API 21.1, Section 4 
(incorporated by reference, see Sec. 3175.30).



Sec. 3175.102  Verification and calibration of electronic gas
measurement systems.

    (a) Transducer verification and calibration after installation or 
repair. (1) Before performing any verification required in this section, 
the operator must perform a leak test in the manner prescribed in 
Sec. 3175.92(a)(1).
    (2) The operator must verify the points listed in API 21.1, 
Subsection 7.3.3 (incorporated by reference, see Sec. 3175.30), by 
comparing the values from the certified test device with the values used 
by the flow computer to calculate flow rate. If any of these as-left 
readings vary from the test equipment reading by more than the tolerance 
determined by API 21.1, Subsection 8.2.2.2, Equation 24 (incorporated by 
reference, see Sec. 3175.30), then that transducer must be replaced and 
the new transducer must be tested under this paragraph.
    (3) For absolute static-pressure transducers, the value of 
atmospheric

[[Page 570]]

pressure used when the transducer is vented to atmosphere must be 
calculated under appendix A to this subpart, measured by a NIST-
certified barometer with a stated accuracy of 0.05 psi or better, or 
obtained from an absolute-pressure calibration device.
    (4) Before putting a meter into service, the differential-pressure 
transducer must be tested at zero with full working pressure applied to 
both sides of the transducer. If the absolute value of the transducer 
reading is greater than the reference accuracy of the transducer, 
expressed in inches of water column, the transducer must be re-zeroed.
    (b) Routine verification frequency. (1) If redundancy verification 
under paragraph (d) of this section is not used, the differential 
pressure, static pressure, and temperature transducers must be verified 
under the requirements of paragraph (c) of this section at the frequency 
specified in Table 1 to Sec. 3175.100, in months; or
    (2) If redundancy verification under paragraph (d) of this section 
is used, the differential pressure, static pressure, and temperature 
transducers must be verified under the requirements of paragraph (d) of 
this section. In addition, the transducers must be verified under the 
requirements of paragraph (c) of this section at least annually.
    (c) Routine verification procedures. Verifications must be performed 
according to API 21.1, Subsection 8.2 (incorporated by reference, see 
Sec. 3175.30), with the following exceptions, additions, and 
clarifications:
    (1) Before performing any verification required under this section, 
the operator must perform a leak test consistent with 
Sec. 3175.92(a)(1).
    (2) An as-found verification for differential pressure, static 
pressure and temperature must be conducted at the normal operating point 
of each transducer.
    (i) The normal operating point is the mean value taken over a 
previous time period not less than 1 day or greater than 1 month. 
Acceptable mean values include means weighted based on flow time and 
flow rate.
    (ii) For differential and static-pressure transducers, the pressure 
applied to the transducer for this verification must be within five 
percentage points of the normal operating point. For example, if the 
normal operating point for differential pressure is 17 percent of the 
upper calibrated limit, the normal point verification pressure must be 
between 12 percent and 22 percent of the upper calibrated limit.
    (iii) For the temperature transducer, the water bath or test 
thermometer well must be within 20 F of the normal operating point for 
temperature.
    (3) If any of the as-found values are in error by more than the 
manufacturer's specification for stability or drift--as adjusted for 
static pressure and ambient temperature--on two consecutive 
verifications, that transducer must be replaced prior to returning the 
meter to service.
    (4) If a transducer is calibrated, the as-left verification must 
include the normal operating point of that transducer, as defined in 
paragraph (c)(2) of this section.
    (5) The as-found values for differential pressure obtained with the 
low side vented to atmospheric pressure must be corrected to working-
pressure values using API 21.1, Annex H, Equation H.1 (incorporated by 
reference, see Sec. 3175.30).
    (6) The verification tolerance for differential and static pressure 
is defined by API 21.1, Subsection 8.2.2.2, Equation 24 (incorporated by 
reference, see Sec. 3175.30). The verification tolerance for temperature 
is equivalent to the uncertainty of the temperature transmitter or 0.5 
F, whichever is greater.
    (7) All required verification points must be within the verification 
tolerance before returning the meter to service.
    (8) Before putting a meter into service, the differential-pressure 
transducer must be tested at zero with full working pressure applied to 
both sides of the transducer. If the absolute value of the transducer 
reading is greater than the reference accuracy of the transducer, 
expressed in inches of water column, the transducer must be re-zeroed.
    (d) Redundancy verification procedures. Redundancy verifications 
must be performed as required under API 21.1, Subsection 8.2 
(incorporated by reference,

[[Page 571]]

see Sec. 3175.30), with the following exceptions, additions, and 
clarifications:
    (1) The operator must identify which set of transducers is used for 
reporting on the OGOR (the primary transducers) and which set of 
transducers is used as a check (the check set of transducers);
    (2) For every calendar month, the operator must compare the flow-
time linear averages of differential pressure, static pressure, and 
temperature readings from the primary transducers with those from the 
check transducers;
    (3)(i) If for any transducer the difference between the averages 
exceeds the tolerance defined by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17NO16.063

Where:

Ap is the reference accuracy of the primary transducer and
Ac is the reference accuracy of the check transducer.

    (ii) The operator must verify both the primary and check transducer 
under paragraph (c) of this section within the first 5 days of the month 
following the month in which the redundancy verification was performed. 
For example, if the redundancy verification for March reveals that the 
difference in the flow-time linear averages of differential pressure 
exceeded the verification tolerance, both the primary and check 
differential-pressure transducers must be verified under paragraph (c) 
of this section by April 5th.
    (e) The operator must retain documentation of each verification for 
the period required under Sec. 3170.7 of this part, including 
calibration data for transducers that were replaced, and submit it to 
the BLM upon request.
    (1) For routine verifications, this documentation must include:
    (i) The information required in Sec. 3170.7(g) of this part;
    (ii) The time and date of the verification and the last verification 
date;
    (iii) Primary device data (meter-tube inside diameter and 
differential-device size, Beta or area ratio);
    (iv) The type and location of taps (flange or pipe, upstream or 
downstream static tap);
    (v) The flow computer make and model;
    (vi) The make and model number for each transducer, for component-
type EGM systems;
    (vii) Transducer data (make, model, differential, static, 
temperature URL, and upper calibrated limit);
    (viii) The normal operating points for differential pressure, static 
pressure, and flowing temperature;
    (ix) Atmospheric pressure;
    (x) Verification points (as-found and applied) for each transducer;
    (xi) Verification points (as-left and applied) for each transducer, 
if calibration was performed;
    (xii) The differential device inspection date and condition (e.g., 
clean, sharp edge, or surface condition);
    (xiii) Verification equipment make, model, range, accuracy, and last 
certification date;
    (xiv) The name, contact information, and affiliation of the person 
performing the verification and any witness, if applicable; and
    (xv) Remarks, if any.
    (2) For redundancy verification checks, this documentation must 
include;
    (i) The information required in Sec. 3170.7(g) of this part;
    (ii) The month and year for which the redundancy check applies;
    (iii) The makes, models, upper range limits, and upper calibrated 
limits of the primary set of transducers;
    (iv) The makes, models, upper range limits, and upper calibrated 
limits of the check set of transducers;
    (v) The information required in API 21.1, Annex I (incorporated by 
reference, see Sec. 3175.30);

[[Page 572]]

    (vii) The tolerance for differential pressure, static pressure, and 
temperature as calculated under paragraph (d)(2) of this section; and
    (viii) Whether or not each transducer required verification under 
paragraph (c) of this section.
    (f) Notification of verification. (1) For verifications performed 
after installation or following repair, the operator must notify the AO 
at least 72 hours before conducting the verifications.
    (2) For routine verifications, the operator must notify the AO at 
least 72 hours before conducting the verification or submit a monthly or 
quarterly verification schedule to the AO in advance.
    (g) If, during the verification, the combined errors in as-found 
differential pressure, static pressure, and flowing temperature taken at 
the normal operating points tested result in a flow-rate error greater 
than 2 percent or 2 Mcf/day, whichever is greater, the volumes reported 
on the OGOR and on royalty reports submitted to ONRR must be corrected 
beginning with the date that the inaccuracy occurred. If that date is 
unknown, the volumes must be corrected beginning with the production 
month that includes the date that is half way between the date of the 
last verification and the date of the present verification. See the 
example in Sec. 3175.92(f).
    (h) Test equipment requirements. (1) Test equipment used to verify 
or calibrate transducers at an FMP must be certified at least every 2 
years. Documentation of the certification must be on site and made 
available to the AO during all verifications and must show:
    (i) The test equipment serial number, make, and model;
    (ii) The date on which the recertification took place;
    (iii) The range of the test equipment; and
    (iv) The uncertainty determined or verified as part of the 
recertification.
    (2) Test equipment used to verify or calibrate transducers at an FMP 
must meet the following accuracy standards:
    (i) The accuracy of the test equipment, stated in actual units of 
measure, must be no greater than 0.5 times the reference accuracy of the 
transducer being verified, also stated in actual units of measure; or
    (ii) The equipment must have a stated accuracy of at least 0.10 
percent of the upper calibrated limit of the transducer being verified.



Sec. 3175.103  Flow rate, volume, and average value calculation.

    (a) The flow rate must be calculated as follows:
    (1) For flange-tapped orifice plates, the flow rate must be 
calculated under:
    (i) API 14.3.3, Section 4 and API 14.3.3, Section 5 (incorporated by 
reference, see Sec. 3175.30); and
    (ii) AGA Report No. 8 (incorporated by reference, see Sec. 3175.30), 
for supercompressibility.
    (2) For primary devices other than flange-tapped orifice plates, for 
which there are no industry standards, the flow rate must be calculated 
under the equations and procedures recommended by the PMT and approved 
by the BLM, specific to the make, model, size, and area ratio of the 
primary device used.
    (b) Atmospheric pressure used to convert static pressure in psig to 
static pressure in psia must be determined under API 21.1, Subsection 
8.3.3 (incorporated by reference, see Sec. 3175.30).
    (c) Hourly and daily gas volumes, average values of the live input 
variables, flow time, and integral value or average extension as 
required under Sec. 3175.104 must be determined under API 21.1, Section 
4 and API 21.1, Annex B (incorporated by reference, see Sec. 3175.30).



Sec. 3175.104  Logs and records.

    (a) The operator must retain, and submit to the BLM upon request, 
the original, unaltered, unprocessed, and unedited daily and hourly 
QTRs, which must contain the information identified in API 21.1, 
Subsection 5.2 (incorporated by reference, see Sec. 3175.30), with the 
following additions and clarifications:
    (1) The information required in Sec. 3170.7(g) of this part;
    (2) The volume, flow time, and integral value or average extension 
must be reported to at least 5 decimal places. The average differential 
pressure, static pressure, and temperature

[[Page 573]]

as calculated in Sec. 3175.103(c), must be reported to at least three 
decimal places; and
    (3) A statement of whether the operator has submitted the integral 
value or average extension.
    (b) The operator must retain, and submit to the BLM upon request, 
the original, unaltered, unprocessed, and unedited configuration log, 
which must contain the information specified in API 21.1, Subsection 5.4 
(including the flow-computer snapshot report in API 21.1, Subsection 
5.4.2), and API 21.1, Annex G (incorporated by reference, see 
Sec. 3175.30), with the following additions and clarifications:
    (1) The information required in Sec. 3170.7(g) of this part;
    (2) Software/firmware identifiers under API 21.1, Subsection 5.3 
(incorporated by reference, see Sec. 3175.30);
    (3) For very-low-volume FMPs only, the fixed temperature, if not 
continuously measured ( F); and
    (4) The static-pressure tap location (upstream or downstream).
    (c) The operator must retain, and submit to the BLM upon request, 
the original, unaltered, unprocessed, and unedited event log. The event 
log must comply with API 21.1, Subsection 5.5 (incorporated by 
reference, see Sec. 3175.30), with the following additions and 
clarifications: The event log must have sufficient capacity and must be 
retrieved and stored at intervals frequent enough to maintain a 
continuous record of events as required under Sec. 3170.7 of this part, 
or the life of the FMP, whichever is shorter.
    (d) The operator must retain an alarm log and provide it to the BLM 
upon request. The alarm log must comply with API 21.1, Subsection 5.6 
(incorporated by reference, see Sec. 3175.30).
    (e) Records may only be submitted from accounting system names and 
versions and flow computer makes and models that have been approved by 
the BLM (see Sec. 3175.49).



Sec. 3175.110  Gas sampling and analysis.

    Except as stated in this section or as prescribed in Table 1 to this 
section, the standards and requirements in this section apply to all gas 
sampling and analyses. (Note: The following table lists the standards in 
this subpart and the API standards that the operator must follow to take 
a gas sample, analyze the gas sample, and report the findings of the gas 
analysis. A requirement applies when a column is marked with an ``x'' or 
a number.)

[[Page 574]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.064


[[Page 575]]





Sec. 3175.111  General sampling requirements.

    (a) Samples must be taken by one of the following methods:
    (1) Spot sampling under Secs. 3175.113 through 3175.115;
    (2) Flow-proportional composite sampling under Sec. 3175.116; or
    (3) On-line gas chromatograph under Sec. 3175.117.
    (b) At all times during the sampling process, the minimum 
temperature of all gas sampling components must be the lesser of:
    (1) The flowing temperature of the gas measured at the time of 
sampling; or
    (2) 30 F above the calculated hydrocarbon dew point of the gas.



Sec. 3175.112  Sampling probe and tubing.

    (a) All gas samples must be taken from a sample probe that complies 
with the requirements of paragraphs (b) and (c) of this section.
    (b) Location of sample probe. (1) The sample probe must be located 
in the meter tube in accordance with API 14.1, Subsection 6.4.2 
(incorporated by reference, see Sec. 3175.30), and must be the first 
obstruction downstream of the primary device.
    (2) The sample probe must be exposed to the same ambient temperature 
as the primary device. The operator may accomplish this by physically 
locating the sample probe in the same ambient temperature conditions as 
the primary device (such as in a heated meter house) or by installing 
insulation and/or heat tracing along the entire meter run. If the 
operator chooses to use insulation to comply with this requirement, the 
AO may prescribe the quality of the insulation based on site specific 
factors such as ambient temperature, flowing temperature of the gas, 
composition of the gas, and location of the sample probe in relation to 
the orifice plate (i.e., inside or outside of a meter house).
    (c) Sample probe design and type. (1) Sample probes must be 
constructed from stainless steel.
    (2) If a regulating type of sample probe is used, the pressure-
regulating mechanism must be inside the pipe or maintained at a 
temperature of at least 30 F above the hydrocarbon dew point of the 
gas.
    (3) The sample probe length must be the shorter of:
    (i) The length necessary to place the collection end of the probe in 
the center one third of the pipe cross-section; or
    (ii) The recommended length of the probe in Table 1 in API 14.1, 
Subsection 6.4 (incorporated by reference, see Sec. 3175.30).
    (4) The use of membranes, screens, or filters at any point in the 
sample probe is prohibited.
    (d) Sample tubing connecting the sample probe to the sample 
container or analyzer must be constructed of stainless steel or nylon 
11.



Sec. 3175.113  Spot samples--general requirements.

    (a) If an FMP is not flowing at the time that a sample is due, a 
sample must be taken within 15 days after flow is re-initiated. 
Documentation of the non-flowing status of the FMP must be entered into 
GARVS as required under Sec. 3175.120(f).
    (b) The operator must notify the AO at least 72 hours before 
obtaining a spot sample as required by this subpart, or submit a monthly 
or quarterly schedule of spot samples to the AO in advance of taking 
samples.
    (c) Sample cylinder requirements. Sample cylinders must:
    (1) Comply with API 14.1, Subsection 9.1 (incorporated by reference, 
see Sec. 3175.30);
    (2) Have a minimum capacity of 300 cubic centimeters; and
    (3) Be cleaned before sampling under GPA 2166-05, Appendix A 
(incorporated by reference, see Sec. 3175.30), or an equivalent method. 
The operator must maintain documentation of cleaning (see Sec. 3170.7), 
have the documentation available on site during sampling, and provide it 
to the BLM upon request.
    (d) Spot sampling using portable gas chromatographs. (1) Sampling 
separators, if used, must:
    (i) Be constructed of stainless steel;
    (ii) Be cleaned under GPA 2166-05, Appendix A (incorporated by 
reference, see Sec. 3175.30), or an equivalent method, prior to 
sampling. The operator must maintain documentation of cleaning

[[Page 576]]

(see Sec. 3170.7), have the documentation available on site during 
sampling, and provide it to the BLM upon request; and
    (iii) Be operated under GPA 2166-05, Appendix B.3 (incorporated by 
reference, see Sec. 3175.30).
    (2) The sample port and inlet to the sample line must be purged 
using the gas being sampled before completing the connection between 
them.
    (3) The portable GC must be operated, verified, and calibrated under 
Sec. 3175.118.
    (4) The documentation of verification or calibration required in 
Sec. 3175.118(d) must be available for inspection by the BLM at the time 
of sampling.
    (5) Minimum number of samples and analyses. (i) For low- and very-
low-volume FMPs, at least three samples must be taken and analyzed;
    (ii) For high-volume FMPs, samples must be taken and analyzed until 
the difference between the maximum heating value and minimum heating 
value calculated from three consecutive analyses is less than or equal 
to 16 Btu/scf;
    (iii) For very-high-volume FMPs, samples must be taken and analyzed 
until the difference between the maximum heating value and minimum 
heating value calculated from three consecutive analyses is less than or 
equal to 8 Btu/scf.
    (6) The heating value and relative density used for OGOR reporting 
must be:
    (i) The mean heating value and relative density calculated from the 
three analyses required in paragraph (d)(5) of this section;
    (ii) The median heating value and relative density calculated from 
the three analyses required in paragraph (d)(5) of this section; or
    (iii) Any other method approved by the BLM.



Sec. 3175.114  Spot samples--allowable methods.

    (a) Spot samples must be obtained using one of the following 
methods:
    (1) Purging--fill and empty method. Samples taken using this method 
must comply with GPA 2166-05, Section 9.1 (incorporated by reference, 
see Sec. 3175.30);
    (2) Helium ``pop'' method. Samples taken using this method must 
comply with GPA 2166-05, Section 9.5 (incorporated by reference, see 
Sec. 3175.30). The operator must maintain documentation demonstrating 
that the cylinder was evacuated and pre-charged before sampling and make 
the documentation available to the AO upon request;
    (3) Floating piston cylinder method. Samples taken using this method 
must comply with GPA 2166-05, Sections 9.7.1 to 9.7.3 (incorporated by 
reference, see Sec. 3175.30). The operator must maintain documentation 
of the seal material and type of lubricant used and make the 
documentation available to the AO upon request;
    (4) Portable gas chromatograph. Samples taken using this method must 
comply with Sec. 3175.118; or
    (5) Other methods approved by the BLM (through the PMT) and posted 
at www.blm.gov.
    (b) If the operator uses either a purging--fill and empty method or 
a helium ``pop'' method, and if the flowing pressure at the sample port 
is less than or equal to 15 psig, the operator may also employ a vacuum-
gathering system. Samples taken using a vacuum-gathering system must 
comply with API 14.1, Subsection 11.10 (incorporated by reference, see 
Sec. 3175.30), and the samples must be obtained from the discharge of 
the vacuum pump.



Sec. 3175.115  Spot samples--frequency.

    (a) Unless otherwise required under paragraph (b) of this section, 
spot samples for all FMPs must be taken and analyzed at the frequency 
(once during every period, stated in months) prescribed in Table 1 to 
Sec. 3175.110.
    (b) After the time frames listed in paragraph (b)(1) of this 
section, the BLM may change the required sampling frequency for high-
volume and very-high-volume FMPs if the BLM determines that the sampling 
frequency required in Table 1 in Sec. 3175.110 is not sufficient to 
achieve the heating value uncertainty levels required in 
Sec. 3175.31(b).
    (1) Timeframes for implementation. (i) For high-volume FMPs, the BLM 
may change the sampling frequency no

[[Page 577]]

sooner than 2 years after the FMP begins measuring gas or January 19, 
2021, whichever is later; and
    (ii) For very-high-volume FMPs, the BLM may change the sampling 
frequency or require compliance with paragraph (b)(5) of this section no 
sooner than 1 year after the FMP begins measuring gas or January 17, 
2020, whichever is later.
    (2) The BLM will calculate the new sampling frequency needed to 
achieve the heating value uncertainty levels required in 
Sec. 3175.31(b). The BLM will base the sampling frequency calculation on 
the heating value variability. The BLM will notify the operator of the 
new sampling frequency.
    (3) The new sampling frequency will remain in effect until the 
heating value variability justifies a different frequency.
    (4) The new sampling frequency will not be more frequent than once 
every 2 weeks nor less frequent than once every 6 months.
    (5) For very-high-volume FMPs, the BLM may require the installation 
of a composite sampling system or on-line GC if the heating value 
uncertainty levels in Sec. 3175.31(b) cannot be achieved through spot 
sampling. Composite sampling systems or on-line gas chromatographs that 
are installed and operated in accordance with this section comply with 
the uncertainty requirement of Sec. 3175.31(b)(2).
    (c) The time between any two samples must not exceed the timeframes 
shown in Table 1 to this section.
[GRAPHIC] [TIFF OMITTED] TR17NO16.065

    (d) If a composite sampling system or an on-line GC is installed 
under Sec. 3175.116 or Sec. 3175.117, either on the operator's own 
initiative or in response to a BLM order for a very-high-volume FMP 
under paragraph (b)(5) of this section, it must be installed and 
operational no more than 30 days after the due date of the next sample.
    (e) The required sampling frequency for an FMP at which a composite 
sampling system or an on-line gas chromatograph is removed from service 
is prescribed in paragraph (a) of this section.



Sec. 3175.116  Composite sampling methods.

    (a) Composite samplers must be flow-proportional.
    (b) Samples must be collected using a positive-displacement pump.

[[Page 578]]

    (c) Sample cylinders must be sized to ensure the cylinder capacity 
is not exceeded within the normal collection frequency.



Sec. 3175.117  On-line gas chromatographs.

    (a) On-line GCs must be installed, operated, and maintained under 
GPA 2166-05, Appendix D (incorporated by reference, see Sec. 3175.30), 
and the manufacturer's specifications, instructions, and 
recommendations.
    (b) The GC must comply with the verification and calibration 
requirements of Sec. 3175.118. The results of all verifications must be 
submitted to the AO upon request.
    (c) Upon request, the operator must submit to the AO the 
manufacturer's specifications and installation and operational 
recommendations.



Sec. 3175.118  Gas chromatograph requirements.

    (a) All GCs must be installed, operated, and calibrated under GPA 
2261-13 (incorporated by reference, see Sec. 3175.30).
    (b) Samples must be analyzed until the un-normalized sum of the mole 
percent of all gases analyzed is between 97 and 103 percent.
    (c) A GC may not be used to analyze any sample from an FMP until the 
verification meets the standards of this paragraph (c).
    (1) GCs must be verified under GPA 2261-13, Section 6 (incorporated 
by reference, see Sec. 3175.30), not less than once every 7 days.
    (2) All gases used for verification and calibration must meet the 
standards of GPA 2198-03, Sections 3 and 4 (incorporated by reference, 
see Sec. 3175.30).
    (3) All new gases used for verification and calibration must be 
authenticated prior to verification or calibration under the standards 
of GPA 2198-03, Section 5 (incorporated by reference, see Sec. 3175.30).
    (4) The gas used to calibrate a GC must be maintained under Section 
6 of GPA 2198-03 (incorporated by reference, see Sec. 3175.30).
    (5) If the composition of the gas used for verification as 
determined by the GC varies from the certified composition of the gas 
used for verification by more than the reproducibility values listed in 
GPA 2261-13, Section 10 (incorporated by reference, see Sec. 3175.30), 
the GC must be calibrated under GPA 2261-13, Section 6 (incorporated by 
reference, see Sec. 3175.30).
    (6) If the GC is calibrated, it must be re-verified under paragraph 
(c)(5) of this section.
    (d) The operator must retain documentation of the verifications for 
the period required under Sec. 3170.6 of this part, and make it 
available to the BLM upon request. The documentation must include:
    (1) The components analyzed;
    (2) The response factor for each component;
    (3) The peak area for each component;
    (4) The mole percent of each component as determined by the GC;
    (5) The mole percent of each component in the gas used for 
verification;
    (6) The difference between the mole percents determined in 
paragraphs (d)(4) and (5) of this section, expressed in relative 
percent;
    (7) Evidence that the gas used for verification and calibration:
    (i) Meets the requirements of paragraph (c)(2) of this section, 
including a unique identification number of the calibration gas used, 
the name of the supplier of the calibration gas, and the certified list 
of the mole percent of each component in the calibration gas;
    (ii) Was authenticated under paragraph (c)(3) of this section prior 
to verification or calibration, including the fidelity plots; and
    (iii) Was maintained under paragraph (c)(4) of this section, 
including the fidelity plot made as part of the calibration run;
    (8) The chromatograms generated during the verification process;
    (9) The time and date the verification was performed; and
    (10) The name and affiliation of the person performing the 
verification.
    (e) Extended analyses must be taken in accordance with GPA 2286-14 
(incorporated by reference, see Sec. 3175.30) or other method approved 
by the BLM.



Sec. 3175.119  Components to analyze.

    (a) The gas must be analyzed for the following components:

[[Page 579]]

    (1) Methane;
    (2) Ethane;
    (3) Propane;
    (4) Iso Butane;
    (5) Normal Butane;
    (6) Pentanes;
    (7) Hexanes + (C6+);
    (8) Carbon dioxide; and
    (9) Nitrogen.
    (b) When the concentration of C6+ exceeds 0.5 mole 
percent, the following gas components must also be analyzed:
    (1) Hexanes;
    (2) Heptanes;
    (3) Octanes; and
    (4) Nonanes +.
    (c) In lieu of testing each sample for the components required under 
paragraph (b) of this section, the operator may periodically test for 
these components and adjust the assumed C6+ composition to 
remove bias in the heating value (see Sec. 3175.126(a)(3)). The 
C6+ composition must be applied to the mole percent of 
C6+ analyses until the next analysis is done under paragraph 
(b) of this section. The minimum analysis frequency for the components 
listed in paragraph (b) of this section is as follows:
    (1) For high-volume FMPs, once per year; and
    (2) For very-high-volume FMPs, once every 6 months.



Sec. 3175.120  Gas analysis report requirements.

    (a) The gas analysis report must contain the following information:
    (1) The information required in Sec. 3170.7(g) of this part;
    (2) The date and time that the sample for spot samples was taken or, 
for composite samples, the date the cylinder was installed and the date 
the cylinder was removed;
    (3) The date and time of the analysis;
    (4) For spot samples, the effective date, if other than the date of 
sampling;
    (5) For composite samples, the effective start and end date;
    (6) The name of the laboratory where the analysis was performed;
    (7) The device used for analysis (i.e., GC, calorimeter, or mass 
spectrometer);
    (8) The make and model of analyzer;
    (9) The date of last calibration or verification of the analyzer;
    (10) The flowing temperature at the time of sampling;
    (11) The flowing pressure at the time of sampling, including units 
of measure (psia or psig);
    (12) The flow rate at the time of sampling;
    (13) The ambient air temperature at the time of sampling;
    (14) Whether or not heat trace or any other method of heating was 
used;
    (15) The type of sample (i.e., spot-cylinder, spot-portable GC, 
composite);
    (16) The sampling method if spot-cylinder (e.g., fill and empty, 
helium pop);
    (17) A list of the components of the gas tested;
    (18) The un-normalized mole percents of the components tested, 
including a summation of those mole percents;
    (19) The normalized mole percent of each component tested, including 
a summation of those mole percents;
    (20) The ideal heating value (Btu/scf);
    (21) The real heating value (Btu/scf), dry basis;
    (22) The hexane+ split, if applicable;
    (23) The pressure base and temperature base;
    (24) The relative density; and
    (25) The name of the company obtaining the gas sample.
    (b) Components that are listed on the analysis report, but not 
tested, must be annotated as such.
    (c) The heating value and relative density must be calculated under 
API 14.5 (incorporated by reference, see Sec. 3175.30).
    (d) The base supercompressibility must be calculated under AGA 
Report No. 8 (incorporated by reference, see Sec. 3175.30).
    (e) The operator must submit all gas analysis reports to the BLM 
within 15 days of the due date for the sample as specified in 
Sec. 3175.115.
    (f) Unless a variance is granted, the operator must submit all gas 
analysis reports and other required related information electronically 
through the GARVS. The BLM will grant a variance to the electronic-
submission requirement only in cases where the operator demonstrates 
that it is a small business, as defined by the U.S. Small

[[Page 580]]

Business Administration, and does not have access to the Internet.



Sec. 3175.121  Effective date of a spot or composite gas sample.

    (a) Unless otherwise specified on the gas analysis report, the 
effective date of a spot sample is the date on which the sample was 
taken.
    (b) The effective date of a spot gas sample may be no later than the 
first day of the production month following the operator's receipt of 
the laboratory analysis of the sample.
    (c) Unless otherwise specified on the gas analysis report, the 
effective date of a composite sample is the first of the month in which 
the sample was removed.
    (d) The provisions of this section apply only to OGORs, QTRs, and 
gas sample reports generated after January 17, 2017.



Sec. 3175.125  Calculation of heating value and volume

    (a) The heating value of the gas sampled must be calculated as 
follows:
    (1) Gross heating value is defined by API 14.5, Subsection 3.7 
(incorporated by reference, see Sec. 3175.30) and must be calculated 
under API 14.5, Subsection 7.1 (incorporated by reference, see 
Sec. 3175.30); and
    (2) Real heating value must be calculated by dividing the gross 
heating value of the gas calculated under paragraph (a)(1) of this 
section by the compressibility factor of the gas at 14.73 psia and 60 
F.
    (b) Average heating value determination. (1) If a lease, unit PA, or 
CA has more than one FMP, the average heating value for the lease, unit 
PA, or CA for a reporting month must be the volume-weighted average of 
heating values, calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO16.066

    (2) If the effective date of a heating value for an FMP is other 
than the first day of the reporting month, the average heating value of 
the FMP must be the volume-weighted average of heating values, 
determined as follows:

[[Page 581]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.067

Where:

HVi = the heating value for FMPi, in Btu/scf
HVi,j = the heating value for FMPi, for 
          partial month j, in Btu/scf
Vi,j = the volume measured by FMPi, for 
          partial month j, in Btu/scf
Subscript i represents each FMP for the lease, unit PA, or CA
Subscript j represents a partial month for which heating value 
          HVi,j is effective
m = the number of different heating values in a reporting month for an 
          FMP

    (c) The volume must be determined under Sec. 3175.94 (mechanical 
recorders) or Sec. 3175.103(c) (EGM systems).



Sec. 3175.126  Reporting of heating value and volume.

    (a) The gross heating value and real heating value, or average gross 
heating value and average real heating value, as applicable, derived 
from all samples and analyses must be reported on the OGOR in units of 
Btu/scf under the following conditions:
    (1) Containing no water vapor (``dry''), unless the water vapor 
content has been determined through actual on-site measurement and 
reported on the gas analysis report. The heating value may not be 
reported on the basis of an assumed water-vapor content. Acceptable 
methods of measuring water vapor are:
    (i) Chilled mirror;
    (ii) Laser detectors; and
    (iii) Other methods approved by the BLM;
    (2) Adjusted to a pressure of 14.73 psia and a temperature of 60 F; 
and
    (3) For samples analyzed under Sec. 3175.119(a), and notwithstanding 
any provision of a contract between the operator and a purchaser or 
transporter, the composition of hexane+ is deemed to be:
    (i) 60 percent n-hexane, 30 percent n-heptane, and 10 percent n-
octane; or
    (ii) The composition determined under Sec. 3175.119(c).
    (b) The volume for royalty purposes must be reported on the OGOR in 
units of Mcf as follows:
    (1) The volume must not be adjusted for water-vapor content or any 
other factors that are not included in the calculations required in 
Sec. 3175.94 or Sec. 3175.103; and
    (2) The volume must match the monthly volume(s) shown in the 
unedited QTR(s) or integration statement(s) unless edits to the data are 
documented under paragraph (c) of this section.
    (c) Edits and adjustments to reported volume or heating value. (1) 
If for any reason there are measurement errors stemming from an 
equipment malfunction that results in discrepancies to the calculated 
volume or heating value of the gas, the volume or heating value reported 
during the period in which the volume or heating value error persisted 
must be estimated.
    (2) All edits made to the data before the submission of the OGOR 
must be documented and include verifiable justifications for the edits 
made. This documentation must be maintained under Sec. 3170.7 of this 
part and must be submitted to the BLM upon request.
    (3) All values on daily and hourly QTRs that have been changed or 
edited must be clearly identified and must be cross referenced to the 
justification required in paragraph (c)(2) of this section.
    (4) The volumes reported on the OGOR must be corrected beginning 
with the date that the inaccuracy occurred. If that date is unknown, the 
volumes must be corrected beginning with the production month that 
includes the date that is half way between the date of the previous 
verification and the most recent verification date.

[[Page 582]]



Sec. 3175.130  Transducer testing protocol.

    The BLM will approve a particular make, model, and range of 
differential-pressure, static-pressure, or temperature transducer for 
use in an EGM system only if the testing performed on the transducer met 
all of the standards and requirements stated in Secs. 3175.131 through 
3175.135.



Sec. 3175.131  General requirements for transducer testing.

    (a) All testing must be performed by a qualified test facility.
    (b) Number and selection of transducers tested. (1) A minimum of 
five transducers of the same make, model, and URL, selected at random 
from the stock used to supply normal field operations, must be type-
tested.
    (2) The serial number of each transducer selected must be 
documented. The date, location, and batch identifier, if applicable, of 
manufacture must be ascertainable from the serial number.
    (3) For the purpose of this section, the term ``model'' refers to 
the base model number on which the BLM determines the transducer 
performance. For example: A manufacturer makes a transmitter with a 
model number 1234-XYZ, where ``1234'' identifies the transmitter cell, 
``X'' identifies the output type, ``Y'' identifies the mounting type, 
and ``Z'' identifies where the static pressure is taken. The testing 
under this section would only be required on the base model number 
(``1234''), assuming that ``X'', ``Y'', or ``Z'' does not affect the 
performance of the transmitter.
    (4) For multi-variable transducers, each cell URL must be tested 
only once under this section. For example: A manufacturer of a 
transducer measuring both differential and static pressure makes a model 
with available differential-pressure URLs of 100 inches, 500 inches, and 
1,000 inches, and static-pressure URLs of 250 psia, 1,000 psia, and 
2,500 psia. Although there are nine possible combinations of 
differential-pressure and static-pressure URLs, only six tests are 
required to cover each cell URL.
    (c) Test conditions--general. The electrical supply must meet the 
following minimum tolerances:
    (1) Rated voltage: 1 percent uncertainty;
    (2) Rated frequency: 1 percent uncertainty;
    (3) Alternating current harmonic distortion: Less than 5 percent; 
and
    (4) Direct current ripple: Less than 0.10 percent uncertainty.
    (d) The input and output (if the output is analog) of each 
transducer must be measured with equipment that has a published 
reference uncertainty less than or equal to 25 percent of the published 
reference uncertainty of the transducer under test across the 
measurement range common to both the transducer under test and the test 
instrument. Reference uncertainty for both the test instrument and the 
transducer under test must be expressed in the units the transducer 
measures to determine acceptable uncertainty. For example, if the 
transducer under test has a published reference uncertainty of 0.05 
percent of span, and a span of 0 to 500 psia, then this transducer has a 
reference accuracy of 0.25 psia (0.05 percent of 500 psia). To meet the 
requirements of this paragraph (d), the test instrument in this example 
must have an uncertainty of 0.0625 psia or less (25 percent of 0.25 
psia).
    (e) If the manufacturer's performance specifications for the 
transducer under test include corrections made by an external device 
(such as linearization), then the external device must be tested along 
with the transducer and be connected to the transducer in the same way 
as in normal field operations.
    (f) If the manufacturer specifies the extent to which the 
measurement range of the transducer under test may be adjusted downward 
(i.e., spanned down), then each test required in Secs. 3175.132 and 
3175.133 must be carried out at least at both the URL and the minimum 
upper calibrated limit specified by the manufacturer. For upper 
calibrated limits between the maximum and the minimum span that are not 
tested, the BLM will use the greater of the uncertainties measured at 
the maximum and minimum spans in determining compliance with the 
requirements of Sec. 3175.31(a).
    (g) After initial calibration, no calibration adjustments to the 
transducer

[[Page 583]]

may be made until all required tests in Secs. 3175.132 and 3175.133 are 
completed.
    (h) For all of the testing required in Secs. 3175.132 and 3175.133, 
the term ``tested for accuracy'' means a comparison between the output 
of the transducer under test and the test equipment taken as follows:
    (1) The following values must be tested in the order shown, 
expressed as a percent of the transducer span:
    (i) (Ascending values) 0, 10, 20, 30, 40, 50, 60, 70, 80, 90, and 
100; and
    (ii) (Descending values) 100, 90, 80, 70, 60, 50, 40, 30, 20, 10, 
and 0.
    (2) If the device under test is an absolute-pressure transducer, the 
``0'' values listed in paragraphs (h)(1)(i) and (ii) of this section 
must be replaced with ``atmospheric pressure at the test facility;''
    (3) Input approaching each required test point must be applied 
asymptotically without overshooting the test point;
    (4) The comparison of the transducer and the test equipment 
measurements must be recorded at each required point; and
    (5) For static-pressure transducers, the following test point must 
be included for all tests:
    (i) For gauge-pressure transducers, a gauge pressure of ^5 psig; and
    (ii) For absolute-pressure transducers, an absolute pressure of 5 
psia.



Sec. 3175.132  Testing of reference accuracy.

    (a) The following reference test conditions must be maintained for 
the duration of the testing:
    (1) Ambient air temperature must be between 59 F and 77 F and must 
not vary over the duration of the test by more than 2 F;
    (2) Relative humidity must be between 45 percent and 75 percent and 
must not vary over the duration of the test by more than 5 percent;
    (3) Atmospheric pressure must be between 12.46 psi and 15.36 psi and 
must not vary over the duration of the test by more than 0.2 psi;
    (4) The transducer must be isolated from any externally induced 
vibrations;
    (5) The transducer must be mounted according to the manufacturer's 
specifications in the same manner as it would be mounted in normal field 
operations;
    (6) The transducer must be isolated from any external 
electromagnetic fields; and
    (7) For reference accuracy testing of differential-pressure 
transducers, the downstream side of the transducer must be vented to the 
atmosphere.
    (b) Before reference testing begins, the following pre-conditioning 
steps must be followed:
    (1) After power is applied to the transducer, it must be allowed to 
stabilize for at least 30 minutes before applying any input pressure or 
temperature;
    (2) The transducer must be exercised by applying three full-range 
traverses in each direction; and
    (3) The transducer must be calibrated according to manufacturer 
specifications if a calibration is required or recommended by the 
manufacturer.
    (c) Immediately following preconditioning, the transducer must be 
tested at least three times for accuracy under Sec. 3175.131(h). The 
results of these tests must be used to determine the transducer's 
reference accuracy under Sec. 3175.135.



Sec. 3175.133  Testing of influence effects.

    (a) General requirements. (1) Reference conditions (see 
Sec. 3175.132), with the exception of the influence effect being tested 
under this section, must be maintained for the duration of these tests.
    (2) After completing the required tests for each influence effect 
under this section, the transducer under test must be returned to 
reference conditions and tested for accuracy under Sec. 3175.132.
    (b) Ambient temperature. (1) The transducer's accuracy must be 
tested at the following temperatures ( F): +68, +104, +140, + 68, 0, 
^4, ^40, +68.
    (2) The ambient temperature must be held to 4 F from each required 
temperature during the accuracy test at each point.
    (3) The rate of temperature change between tests must not exceed 2 
F per minute.

[[Page 584]]

    (4) The transducer must be allowed to stabilize at each test 
temperature for at least 1 hour.
    (5) For each required temperature test point listed in this 
paragraph, the transducer must be tested for accuracy under 
Sec. 3175.131(h).
    (c) Static-pressure effects (differential-pressure transducers 
only). (1) For single-variable transducers, the following pressures must 
be applied equally to both sides of the transducer, expressed in percent 
of maximum rated working pressure: 0, 50, 100, 75, 25, 0.
    (2) For multivariable transducers, the following pressures must be 
applied equally to both sides of the transducer, expressed in percent of 
the URL of the static-pressure transducer: 0, 50, 100, 75, 25, 0.
    (3) For each point required in paragraphs (c)(1) and (2) of this 
section, the transducer must be tested for accuracy under 
Sec. 3175.131(h).
    (d) Mounting position effects. The transducer must be tested for 
accuracy at four different orientations under Sec. 3175.131(h) as 
follows:
    (1) At an angle of ^10 from a vertical plane;
    (2) At an angle of +10 from a vertical plane;
    (3) At an angle of ^10 from a vertical plane perpendicular to the 
vertical plane required in paragraphs (d)(1) and (2) of this section; 
and
    (4) At an angle of +10 from a vertical plane perpendicular to the 
vertical plane required in paragraphs (d)(1) and (2) of this section.
    (e) Over-range effects. (1) A pressure of 150 percent of the URL, or 
to the maximum rated working pressure of the transducer, whichever is 
less, must be applied for at least 1 minute.
    (2) After removing the applied pressure, the transducer must be 
tested for accuracy under Sec. 3175.131(h).
    (3) No more than 5 minutes must be allowed between performing the 
procedures described in paragraphs (e)(1) and (2) of this section.
    (f) Vibration effects. (1) An initial resonance test must be 
conducted by applying the following test vibrations to the transducer 
along each of the three major axes of the transducer while measuring the 
output of the transducer with no pressure applied:
    (i) The amplitude of the applied test frequency must be at least 
0.35mm below 60 Hertz (Hz) and 49 meter per second squared (m/s\2\) 
above 60 Hz; and
    (ii) The applied frequency must be swept from 10 Hz to 2,000 Hz at a 
rate not greater than 0.5 octaves per minute.
    (2) After the initial resonance search, an endurance conditioning 
test must be conducted as follows:
    (i) Twenty frequency sweeps from 10 Hz to 2,000 Hz to 10 Hz must be 
applied to the transducer at a rate of 1 octave per minute, repeated for 
each of the 3 major axes; and
    (ii) The measurement of the transducer's output during this test is 
unnecessary.
    (3) A final resonance test must be conducted under paragraph (f)(1) 
of this section.



Sec. 3175.134  Transducer test reporting.

    (a) Each test required by Secs. 3175.131 through 3175.133 must be 
fully documented by the test facility performing the tests. The report 
must indicate the results for each required test and include all data 
points recorded.
    (b) The report must be submitted to the PMT. If the PMT determines 
that all testing was completed as required by Secs. 3175.131 through 
3175.133, it will make a recommendation that the BLM approve the 
transducer make, model, and range, along with the reference uncertainty, 
influence effects, and any operating restrictions, and posts them to the 
BLM's website at www.blm.gov as an approved device.



Sec. 3175.135  Uncertainty determination.

    (a) Reference uncertainty calculations for each transducer of a 
given make, model, URL, and turndown must be determined as follows (the 
result for each transducer is denoted by the subscript i):
    (1) Maximum error (Ei). The maximum error for each transducer is the 
maximum difference between any input value from the test device and the 
corresponding output from the transducer under test for any required 
test point, and must be expressed in percent of transducer span.
    (2) Hysteresis (Hi). The testing required in Sec. 3175.132 requires 
at least

[[Page 585]]

three pairs of tests using both ascending test points (low to high) and 
descending test points (high to low) of the same value. Hysteresis is 
the maximum difference between the ascending value and the descending 
value for any single input test value of a test pair. Hysteresis must be 
expressed in percent of span.
    (3) Repeatability (Ri). The testing required under Sec. 3175.132 
requires at least three pairs of tests using both ascending test points 
(low to high) and descending test points (high to low) of the same 
value. Repeatability is the maximum difference between the value of any 
of the three ascending test points for a given input value or of the 
three descending test points for a given value. Repeatability must be 
expressed in percent of span.
    (b) Reference uncertainty of a transducer. The reference uncertainty 
of each transducer of a given make, model, URL, and turndown 
(Ur,i) must be determined as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO16.068


Where Ei, Hi, and Ri, are described in 
paragraph (a) of this section. Reference uncertainty is expressed in 
percent of span.
    (c) Reference uncertainty for the make, model, URL, and turndown of 
a transducer (Ur) must be determined as follows:

Ur = s  x  tdist

Where:

s = the standard deviation of the reference uncertainties determined for 
          each transducer (Ur,i)
tdist = the ``t-distribution'' constant as a function of degrees of 
          freedom (n-1) and at a 95 percent confidence level, where n = 
          the number of transducers of a specific make, model, URL, and 
          turndown tested (minimum of 5)

    (d) Influence effects. The uncertainty from each influence effect 
required to be tested under Sec. 3175.133 must be determined as follows:
    (1) Zero-based errors of each transducer. Zero-based errors from 
each influence test must be determined as follows:
[GRAPHIC] [TIFF OMITTED] TR17NO16.069

Where:

subscript i represents the results for each transducer tested of a given 
          make, model, URL, and turndown
subscript n represents the results for each influence effect test 
          required under Sec. 3175.133
Ezero,n,i = Zero-based error for influence effect n, for 
          transducer i, in percent of span per increment of influence 
          effect
Mn = the magnitude of influence effect n (e.g., 1,000 psi for 
          static-pressure effects, 50 F for ambient temperature 
          effects)

And:

DZn,i = Zn,i^Zref ,i

Where:

Zn,i = the average output from transducer i with zero input 
          from the test device, during the testing of influence effect n
Zref,i = the average output from transducer i with zero input 
          from the test device, during reference testing.

    (2) Span-based errors of each transducer. Span-based errors from 
each influence effect must be determined as follows:

[[Page 586]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.070

Where:

Espan,n,i = Span-based error for influence effect n, for 
          transducer i, in percent of reading per increment of influence 
          effect
Sn,i = the average output from transducer i, with full span 
          applied from the test device, during the testing for influence 
          effect n.

    (3) Zero- and span-based errors due to influence effects for a make, 
model, URL, and turndown of a transducer must be determined as follows:

Ez,n = sz,n  x  tdist

Es,n = ss,n  x  tdist

Where:

Ez,n = the zero-based error for a make, model, URL, and 
          turndown of transducer, for influence effect n, in percent of 
          span per unit of magnitude for the influence effect
Es,n = the span-based error for a make, model, URL, and 
          turndown of transducer, for influence effect n, in percent of 
          reading per unit of magnitude for the influence effect
sz,n = the standard deviation of the zero-based differences 
          from the influence effect tests under Sec. 3175.133 and the 
          reference uncertainty tests, in percent
ss,n = the standard deviation of the span-based differences 
          from the influence effect tests under Sec. 3175.133 and the 
          reference uncertainty tests, in percent
tdist = the ``t-distribution'' constant as a function of 
          degrees of freedom (n-1) and at a 95 percent confidence level, 
          where n = the number of transducers of a specific make, model, 
          URL, and turndown tested (minimum of 5).



Sec. 3175.140  Flow-computer software testing.

    The BLM will approve a particular version of flow-computer software 
for use in a specific make and model of flow computer only if the 
testing performed on the software meets all of the standards and 
requirements in Secs. 3175.141 through 3175.144. Type-testing is 
required for each software version that affects the calculation of flow 
rate, volume, heating value, live input variable averaging, flow time, 
or the integral value. Software updates or changes that do not affect 
these items do not require BLM approval.



Sec. 3175.141  General requirements for flow-computer software
testing.

    (a) Test facility. All testing must be performed by a qualified test 
facility not affiliated with the flow-computer manufacturer.
    (b) Selection of flow-computer software to be tested. (1) Each 
software version tested must be identical to the software version 
installed at FMPs for normal field operations.
    (2) Each software version must have a unique identifier.
    (c) Testing method. Input variables may be either:
    (1) Applied directly to the hardware registers; or
    (2) Applied physically to a transducer. If input variables are 
applied physically to a transducer, the values received by the hardware 
registers from the transducer must be recorded.
    (d) Pass-fail criteria. (1) For each test listed in Secs. 3175.142 
and 3175.143, the value(s) required to be calculated by the software 
version under test must be compared to the value(s) calculated by BLM-
approved reference software, using the same digital input for both.
    (2) The software under test may be used at an FMP only if the 
difference between all values calculated by the software version under 
test and the reference software is less than 50 parts per million (0.005 
percent) and the results of the tests required in Secs. 3175.142 and 
3175.143 are satisfactory to the PMT. If the test results are 
satisfactory, the BLM will identify the software version tested as 
acceptable for use on its website at www.blm.gov.



Sec. 3175.142  Required static tests.

    (a) Instantaneous flow rate. The instantaneous flow rates must meet 
the criteria in Sec. 3175.141(d) for each test identified in Table 1 to 
this section, using the gas compositions identified in Table 2 to this 
section, as prescribed in Table 1 to this section.

[[Page 587]]

[GRAPHIC] [TIFF OMITTED] TR17NO16.071


[[Page 588]]


[GRAPHIC] [TIFF OMITTED] TR17NO16.072

    (b) Sums and averages. (1) Fixed input values from test 2 in Table 1 
to this section must be applied for a period of at least 24 hours.
    (2) At the conclusion of the 24-hour period, the following hourly 
and daily values must meet the criteria in Sec. 3175.141(d):
    (i) Volume;
    (ii) Integral value;
    (iii) Flow time;
    (iv) Average differential pressure;
    (v) Average static pressure; and
    (vi) Average flowing temperature.
    (c) Other tests. The following additional tests must be performed on 
the flow-computer software:
    (1) Each parameter of the configuration log must be changed to 
ensure the event log properly records the changes according to the 
variables listed in Sec. 3175.104(c); and
    (2) Inputs simulating a 15 percent and 150 percent over-range of the 
differential and static-pressure transducer's calibrated span must be 
entered to verify that the over-range condition triggers an alarm or an 
entry in the event log.



Sec. 3175.143  Required dynamic tests.

    (a) Square wave test. The pressures and temperatures must be applied 
to the software revision under test for at least 60 minutes as follows:
    (1) Differential pressure. The differential pressure must be cycled 
from a low value, below the no-flow cutoff, to a

[[Page 589]]

high value of approximately 80 percent of the upper calibrated limit of 
the differential-pressure transducer. The cycle must approximate a 
square wave pattern with a period of 60 seconds, and the maximum and 
minimum values must be the same for each cycle;
    (2) Static pressure. The static pressure must be cycled between 
approximately 20 percent and approximately 80 percent of the upper 
calibrated limit of the static-pressure transducer in a square wave 
pattern identical to the cycling pattern used for the differential 
pressure. The maximum and minimum values must be the same for each 
cycle;
    (3) Temperature. The temperature must be cycled between 
approximately 20 F and approximately 100 F in a square wave pattern 
identical to the cycling pattern used for the differential pressure. The 
maximum and minimum values must be the same for each cycle; and
    (4) At the conclusion of the 1-hour period, the following hourly 
values must meet the criteria in Sec. 3175.141(d):
    (i) Volume;
    (ii) Integral value;
    (iii) Flow time;
    (iv) Average differential pressure;
    (v) Average static pressure; and
    (vi) Average flowing temperature.
    (b) Sawtooth test. The pressures and temperatures must be applied to 
the software revision under test for 24 hours as follows:
    (1) Differential pressure. The differential pressure must be cycled 
from a low value, below the no-flow cutoff, to a high value of 
approximately 80 percent of the maximum value of differential pressure 
for which the flow computer is designed. The cycle must approximate a 
linear sawtooth pattern between the low value and the high value and 
there must be 3 to 10 cycles per hour. The no-flow period between cycles 
must last approximately 10 percent of the cycle period;
    (2) Static pressure. The static pressure must be cycled between 
approximately 20 percent and approximately 80 percent of the maximum 
value of static pressure for which the flow computer is designed. The 
cycle must approximate a linear sawtooth pattern between the low value 
and the high value and there must be 3 to 10 cycles per hour;
    (3) Temperature. The temperature must be cycled between 
approximately 20 F and approximately 100 F. The cycle should 
approximate a linear sawtooth pattern between the low value and the high 
value and there must be 3 to 10 cycles per hour; and
    (4) At the conclusion of the 24-hour period, the following hourly 
and daily values must meet the criteria in Sec. 3175.141(d):
    (i) Volume;
    (ii) Integral value;
    (iii) Flow time;
    (iv) Average differential pressure;
    (v) Average static pressure; and
    (vi) Average flowing temperature.
    (c) Random test. The pressures and temperatures must be applied to 
the software revision under test for 24 hours as follows:
    (1) Differential pressure. Differential-pressure random values must 
range from a low value, below the no-flow cutoff, to a high value of 
approximately 80 percent of the upper calibrated limit of the 
differential-pressure transducer. The no-flow period between cycles must 
last for approximately 10 percent of the test period;
    (2) Static pressure. Static-pressure random values must range from a 
low value of approximately 20 percent of the upper calibrated limit of 
the static-pressure transducer, to a high value of approximately 80 
percent of the upper calibrated limit of the static-pressure transducer;
    (3) Temperature. Temperature random values must range from 
approximately 20 F to approximately 100 F; and
    (4) At the conclusion of the 24-hour period, the following hourly 
values must meet the criteria in Sec. 3175.141(d):
    (i) Volume;
    (ii) Integral value;
    (iii) Flow time;
    (iv) Average differential pressure;
    (v) Average static pressure; and
    (vi) Average flowing temperature.
    (d) Long-term volume accumulation test. (1) Fixed inputs of 
differential pressure, static pressure, and temperature must be applied 
to the software version under test to simulate a flow rate greater than 
500,000 Mcf/day for a period of at least 7 days.

[[Page 590]]

    (2) At the end of the 7-day test period, the accumulated volume must 
meet the criteria in Sec. 3175.141(d).



Sec. 3175.144  Flow-computer software test reporting.

    (a) The test facility performing the tests must fully document each 
test required by Secs. 3175.141 through 3175.143. The report must 
indicate the results for each required test and include all data points 
recorded.
    (b) The report must be submitted to the AO by the operator or the 
manufacturer. If the PMT determines all testing was completed as 
required by this section, it will make a recommendation that the BLM 
approve the software version and post it on the BLM's website at 
www.blm.gov as approved software.



Sec. 3175.150  Immediate assessments.

    (a) Certain instances of noncompliance warrant the imposition of 
immediate assessments upon discovery. Imposition of any of these 
assessments does not preclude other appropriate enforcement actions.
    (b) The BLM will issue the assessments for the violations listed as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17NO16.073


[[Page 591]]





     Sec. Appendix A to Subpart 3175--Table of Atmospheric Pressures
[GRAPHIC] [TIFF OMITTED] TR17NO16.074


[[Page 592]]


[GRAPHIC] [TIFF OMITTED] TR17NO16.075



            Subpart 3178_Royalty-Free Use of Lease Production

    Source: 81 FR 83078, Nov. 18, 2016, unless otherwise noted.



Sec. 3178.1  Purpose.

    The purpose of this subpart is to address the circumstances under 
which oil or gas produced from Federal and Indian leases may be used 
royalty-free in operations on the lease, unit, or communitized area. 
This subpart supersedes those portions of Notice to Lessees and 
Operators of Onshore Federal and Indian Oil and Gas Leases, Royalty or 
Compensation for Oil or Gas Lost (NTL-4A), pertaining to oil or gas used 
for beneficial purposes.



Sec. 3178.2  Scope.

    (a) This subpart applies to:
    (1) All onshore Federal and Indian (other than Osage Tribe) oil and 
gas leases, units, and communitized areas, except as otherwise provided 
in this subpart;
    (2) Indian Mineral Development Act (IMDA) oil and gas agreements, 
unless specifically excluded in the agreement or unless the relevant 
provisions of this subpart are inconsistent with the agreement;
    (3) Leases and other business agreements and contracts for the 
development of tribal energy resources under a Tribal Energy Resource 
Agreement entered into with the Secretary, unless specifically excluded 
in the lease, other business agreement, or Tribal Energy Resource 
Agreement;

[[Page 593]]

    (4) Committed State or private tracts in a federally approved unit 
or communitization agreement defined by or established under 43 CFR 
subpart 3105 or 43 CFR part 3180; and
    (5) All onshore wells, and production equipment located on a Federal 
or Indian lease or a federally approved unit or communitized area, and 
compressors located on a Federal or Indian lease or a federally approved 
unit or communitized area and which compress production from the same 
Federal or Indian lease or federally approved unit or communitized area.
    (b) For purposes of this subpart, the term ``lease'' also includes 
IMDA agreements.



Sec. 3178.3  Production on which royalty is not due.

    (a) To the extent specified in Secs. 3178.4 and 3178.5, royalty is 
not due on:
    (1) Oil or gas that is produced from a lease or communitized area 
and used for operations and production purposes (including placing oil 
or gas in marketable condition) on the same lease or communitized area 
without being removed from the lease or communitized area; or
    (2) Oil or gas that is produced from a unit PA and used for 
operations and production purposes (including placing oil or gas in 
marketable condition) on the unit, for the same unit PA, without being 
removed from the unit.
    (b) For the uses described in Sec. 3178.5, the operator must obtain 
prior written BLM approval for the volumes used for operational and 
production purposes to be royalty free.



Sec. 3178.4  Uses of oil or gas on a lease, unit, or communitized 
area that do not require prior written BLM approval for royalty-free
treatment of volumes 
          used.

    (a) Oil or gas produced from a lease, unit, or communitized area may 
be used royalty-free for operations and production purposes on the 
lease, unit, or communitized area without prior written BLM approval in 
the following circumstances:
    (1) Use of fuel to generate power or operate combined heat and 
power;
    (2) Use of fuel to power equipment, including artificial lift 
equipment, equipment used for enhanced recovery, drilling rigs, and 
completion and workover equipment;
    (3) Use of gas to actuate pneumatic controllers or operate pneumatic 
pumps at production facilities;
    (4) Use of fuel to heat, separate, or dehydrate production;
    (5) Use of gas as a pilot fuel or as assist gas for a flare, 
combustor, thermal oxidizer, or other control device;
    (6) Use of fuel to compress or treat gas to place it in marketable 
condition;
    (7) Use of oil to clean the well and improve production, e.g., hot 
oil treatments. The operator must document the removal of the oil from 
the tank or pipeline under Onshore Oil and Gas Order No. 3 (Site 
Security), or any successor regulation;
    (8) Use of oil as a circulating medium in drilling operations, if 
the use is part of an approved Drilling Plan under Onshore Oil and Gas 
Order No. 1;
    (9) Injection of gas for the purpose of conserving gas or increasing 
the recovery of oil or gas, if the BLM has approved the injection under 
applicable regulations in parts 3100, 3160, or 3180 of this title; and
    (10) Injection of gas that is cycled in a contained gas-lift system.
    (b) The volume to be treated as royalty free must not exceed the 
amount of fuel reasonably necessary to perform the operational function, 
using equipment of appropriate capacity.



Sec. 3178.5  Uses of oil or gas on a lease, unit, or communitized
area that require prior written BLM approval for royalty-free 
treatment of volumes used.

    (a) Oil or gas produced from a lease, unit, or communitized area may 
also be used royalty-free for the following operations and production 
purposes on the lease, unit, or communitized area, but prior written BLM 
approval is required to ensure that production accountability is 
maintained:
    (1) Use of oil or gas that the operator removes from the pipeline at 
a location downstream of the Facility Measurement Point (FMP);
    (2) Use of gas that has been removed from the lease, unit PA, or 
communitized area for treatment or

[[Page 594]]

processing because of particular physical characteristics of the gas 
that require the gas to be treated or processed prior to use, where the 
gas is returned to, and used on, the lease, unit PA, or communitized 
area from which it was produced; and
    (3) Any other types of use of produced oil or gas for operations and 
production purposes, which are not identified in Sec. 3178.4.
    (b)(1) The operator must obtain BLM approval to conduct activities 
under paragraph (a) of this section by submitting a Form 3160-5, Sundry 
Notices and Reports on Wells (Sundry Notice) containing the information 
required under Sec. 3178.9. If the BLM disapproves a request for 
royalty-free treatment for volumes used under this section, the operator 
must pay royalties on such volumes. If the BLM approves a request for 
royalty-free treatment for volumes used under this section, such 
approval will be deemed effective from the date the request was filed.
    (2) With respect to uses under paragraph (a)(1) of this section, the 
operator must measure the volume of oil or gas used in accordance with 
Onshore Oil and Gas Orders No. 4 (oil) and 5 (gas) as applicable, or 
other successor regulations.
    (3) With respect to removals under paragraph (a)(2) of this section, 
the operator must measure any gas returned to the lease, unit, or 
communitized area under such an approval in accordance with Onshore Oil 
and Gas Order No. 5 or other successor regulations.



Sec. 3178.6  Uses of oil or gas moved off the lease, unit, or 
communitized area that do not require prior written approval 
for royalty-free treatment of volumes used.

    Oil or gas used after being moved off the lease, unit, or 
communitized area may be treated as royalty free without prior written 
BLM approval only if the use meets the criteria under Sec. 3178.4 and 
when:
    (a) The oil or gas is transported from one area of the lease, unit, 
or communitized area to another area of the same lease, unit, or 
communitized area where it is used, and no oil or gas is added to or 
removed from the pipeline while crossing lands that are not part of the 
lease, unit, or communitized area; or
    (b) A well is directionally drilled, the wellhead is not located on 
the producing lease, unit, or communitized area, and oil or gas is used 
on the same well pad for operations and production purposes for that 
well.



Sec. 3178.7  Uses of oil or gas moved off the lease, unit, 
or communitized area that require prior written approval for
royalty-free treatment of volumes used.

    (a) Except as provided in Sec. 3178.6(b) and paragraph (b) of this 
section, royalty is owed on all oil or gas used in operations conducted 
off the lease, unit, or communitized area.
    (b) The BLM may grant prior written approval to treat oil or gas 
used in operations conducted off the lease, unit, or communitized area 
as royalty free (referred to as off-lease royalty-free use) if the use 
is among those listed in Sec. 3178.4(a) and Sec. 3178.5(a) and if:
    (1) The equipment or facility in which the operation is conducted is 
located off the lease, unit, or communitized area for engineering, 
economic, resource protection, or physical accessibility reasons; and
    (2) The operations are conducted upstream of the FMP.
    (c) The operator must obtain BLM approval under paragraph (b) of 
this section by submitting a Sundry Notice containing the information 
required under Sec. 3178.9. If the BLM disapproves a request for 
royalty-free treatment for volumes used under this section, the operator 
must pay royalties on such volumes. If the BLM approves a request for 
royalty-free treatment for volumes used under this section, such 
approval will be deemed effective from the date the request was filed.
    (d) Approval of measurement or commingling off the lease, unit, or 
communitized area under other regulations does not constitute approval 
of off-lease royalty-free use. The operator or lessee must expressly 
request, and submit its justification for, approval of off-lease 
royalty-free use.
    (e) If equipment or a facility located on a particular lease, unit, 
or communitized area treats oil or gas produced from properties that are 
not unitized or communitized with the

[[Page 595]]

property on which the equipment or facility is located, in addition to 
treating oil or gas produced from the lease, unit, or communitized area 
on which the equipment or facility is located, the operator may report 
as royalty free only that portion of the oil or gas used as fuel that is 
properly allocable to the share of production contributed by the lease, 
unit, or communitized area on which the equipment is located, unless 
otherwise authorized by the BLM under this section.



Sec. 3178.8  Measurement or estimation of volumes of oil or gas
that are used royalty-free.

    (a) The operator must measure or estimate the volumes of royalty-
free gas used in operations upstream of the FMP.
    (b) The operator must measure the volume of gas that is removed from 
the product stream downstream of the FMP and used royalty-free pursuant 
to sections 3178.4 through 3178.7.
    (c) The operator must measure the volume of oil that is used 
royalty-free pursuant to sections 3178.4 through 3178.7. The operator 
must also document removal of such oil from the tank or pipeline.
    (d) If the operator removes oil or gas downstream of the FMP and 
that oil or gas is used royalty-free pursuant to sections 3178.4 through 
3178.7, the operator must apply for an FMP under section 3173.12 to 
measure the oil or gas that is removed for use.
    (e) When estimating gas volumes, the operator must use the best 
available information to make a reasonable estimate.
    (f) Each of the volumes required to be measured or estimated, as 
applicable, under this subpart, must be reported by the operator 
following applicable ONRR reporting requirements.



Sec. 3178.9  Requesting approval of royalty-free treatment when
approval is required.

    To request written approval of royalty-free use when required under 
Sec. 3178.5 or Sec. 3178.7, the operator must submit a Sundry Notice 
that includes the following information:
    (a) A complete description of the operation to be conducted, 
including the location of all facilities and equipment involved in the 
operation and the location of the FMP;
    (b) The volume of oil or gas that the operator expects will be used 
in the operation, and the method of measuring or estimating that volume;
    (c) If the volume of gas expected to be used will be estimated, the 
basis for the estimate (e.g., equipment manufacturer's published 
consumption or usage rates); and
    (d) The proposed disposition of the oil or gas used (e.g., whether 
gas used would be consumed as fuel, vented through use of a gas-
activated pneumatic controller, returned to the reservoir, or used in 
some other way).



Sec. 3178.10  Facility and equipment ownership.

    The operator is not required to own or lease the equipment or 
facility that uses oil or gas royalty free. The operator is responsible 
for obtaining all authorizations, measuring production, reporting 
production, and all other applicable requirements.



         Subpart 3179_Waste Prevention and Resource Conservation

    Source: 81 FR 83078, Nov. 18, 2016, unless otherwise noted.



Sec. 3179.1  Purpose.

    The purpose of this subpart is to implement and carry out the 
purposes of statutes relating to prevention of waste from Federal and 
Indian (other than Osage Tribe) leases, conservation of surface 
resources, and management of the public lands for multiple use and 
sustained yield. This subpart supersedes those portions of Notice to 
Lessees and Operators of Onshore Federal and Indian Oil and Gas Leases, 
Royalty or Compensation for Oil and Gas Lost (NTL-4A),, pertaining to, 
among other things, flaring and venting of produced gas, unavoidably and 
avoidably lost gas, and waste prevention.



Sec. 3179.2  Scope.

    (a) This subpart applies to:
    (1) All onshore Federal and Indian (other than Osage Tribe) oil and 
gas leases, units, and communitized areas,

[[Page 596]]

except as otherwise provided in this subpart;
    (2) IMDA oil and gas agreements, unless specifically excluded in the 
agreement or unless the relevant provisions of this subpart are 
inconsistent with the agreement;
    (3) Leases and other business agreements and contracts for the 
development of tribal energy resources under a Tribal Energy Resource 
Agreement entered into with the Secretary, unless specifically excluded 
in the lease, other business agreement, or Tribal Energy Resource 
Agreement;
    (4) Committed State or private tracts in a federally approved unit 
or communitization agreement defined by or established under 43 CFR 
subpart 3105 or 43 CFR part 3180;
    (5) All onshore wells, tanks, compressors, and other equipment 
located on a Federal or Indian lease or a federally approved unit or 
communitized area; and
    (b) For purposes of this subpart, the term ``lease'' also includes 
IMDA agreements.



Sec. 3179.3  Definitions and acronyms.

    As used in this subpart, the term:
    Accessible component means a component that can be reached, if 
necessary, by safe and proper use of portable ladders or by built-in 
ladders and walkways. Accessible components also include components that 
can be reached by the safe use of an extension on a monitoring probe.
    Automatic ignition system means an automatic ignitor and, where 
needed to ensure continuous combustion, a continuous pilot flame.
    Capture means the physical containment of natural gas for 
transportation to market or productive use of natural gas, and includes 
reinjection and royalty-free on-site uses pursuant to subpart 3178.
    Capture infrastructure means any pipelines, facilities, or other 
equipment (including temporary or mobile equipment) used to capture, 
transport, or process gas. Capture infrastructure includes, but is not 
limited to, equipment that compresses or liquefies natural gas, removes 
natural gas liquids, or generates electricity from gas.
    Compressor station means any permanent combination of one or more 
compressors that move natural gas at increased pressure through 
gathering or transmission pipelines, or into or out of storage. This 
includes, but is not limited to, gathering and boosting stations and 
transmission compressor stations. The combination of one or more 
compressors located at a well site, or located at an onshore natural gas 
processing plant, is not a compressor station.
    Continuous bleed means a continuous flow of pneumatic supply natural 
gas to a pneumatic controller.
    Development oil well or development gas well means a well drilled to 
produce oil or gas, respectively, from an established field in which 
commercial quantities of hydrocarbons have been discovered and are being 
produced. For purposes of this subpart, the BLM will determine when a 
well is a development oil well or development gas well in the event of a 
disagreement between the BLM and the operator.
    Gas-to-oil ratio (GOR) means the ratio of gas to oil in the 
production stream expressed in standard cubic feet of gas per barrel of 
oil.
    Gas well means a well for which the energy equivalent of the gas 
produced, including its entrained liquefiable hydrocarbons, exceeds the 
energy equivalent of the oil produced. Unless more specific British 
thermal unit (Btu) values are available, a well with a gas-to-oil ratio 
greater than 6,000 standard cubic feet (scf) of gas per barrel of oil is 
a gas well. Except where gas has been re-injected into the reservoir, a 
mature oil well would not be reclassified as a gas well even after 
normal production decline has caused the GOR to increase beyond 6,000 
scf of gas per barrel of oil.
    High pressure flare means an open-air flare stack or flare pit 
designed for the combustion of natural gas leaving a pressurized 
production vessel (such as a separator or heater-treater) that is not a 
storage vessel.
    Leak means a release of natural gas from a component that is not 
associated with normal operation of the component, when such release is:

[[Page 597]]

    (1) A visible hydrocarbon emission detected by use of an optical gas 
imaging instrument;
    (2) At least 500 ppm of hydrocarbon detected using a portable 
analyzer or other instrument that can measure the quantity of the 
release; or
    (3) Visible bubbles detected using soap solution.


Releases due to normal operation of equipment intended to vent as part 
of normal operations, such as gas-driven pneumatic controllers and 
safety release devices, are not considered leaks unless the releases 
exceed the quantities and frequencies expected during normal operations. 
Releases due to operator errors or equipment malfunctions or from 
control equipment at levels that exceed applicable regulatory 
requirements, such as releases from a thief hatch left open, a leaking 
vapor recovery unit, or an improperly sized combustor, are considered 
leaks.
    Leak component means any component that has the potential to leak 
gas and can be monitored in the manner described in sections 3179.301 
through 3179.305 of this subpart, including, but not limited to, valves, 
connectors, pressure relief devices, open-ended lines, flanges, covers 
and closed vent systems, thief hatches or other openings on a storage 
vessel, compressors, instruments, and meters.
    Liquid hydrocarbon means chemical compounds of hydrogen and carbon 
atoms that exist as a liquid under the temperature and pressure at which 
they are measured. The term is used to refer to oil, condensate, 
liquefied petroleum gas (LPG), liquefied natural gas (LNG), and natural 
gas liquids (NGL).
    Liquids unloading means the removal of an accumulation of liquid 
hydrocarbons or water from the wellbore of a completed gas well.
    Lost oil or lost gas means produced oil or gas that escapes 
containment, either intentionally or unintentionally, or is flared 
before being removed from the lease, unit, or communitized area, and 
cannot be recovered.
    Pneumatic controller means an automated instrument used for 
maintaining a process condition such as liquid level, pressure, delta-
pressure, or temperature.
    Storage vessel means a tank or other vessel that contains an 
accumulation of crude oil, condensate, intermediate hydrocarbon liquids, 
or produced water, and that is constructed primarily of non-earthen 
materials (such as wood, concrete, steel, fiberglass, or plastic), which 
provide structural support. A well completion vessel that receives 
recovered liquids from a well after startup of production following 
flowback, for a period that exceeds 60 days, is considered a storage 
vessel under this subpart unless the storage of the recovered liquids in 
the vessel is governed by Sec. 3162.3-3 of this title. For purposes of 
this subpart, the following are not considered storage vessels:
    (1) Vessels that are skid-mounted or permanently attached to 
something that is mobile (such as trucks, railcars, barges or ships), 
and are intended to be located at a site for less than 180 consecutive 
days. This exclusion does not apply to well completion vessels or to 
storage vessels that are located at a site for at least 180 consecutive 
days.
    (2) Process vessels such as surge control vessels, bottoms 
receivers, or knockout vessels.
    (3) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere.
    (4) Tanks holding hydraulic fracturing fluid prior to implementation 
of an approved permanent disposal plan under Onshore Oil and Gas Order 
No. 7.
    Volatile organic compounds (VOC) has the same meaning as defined in 
40 CFR 51.100(s).



Sec. 3179.4  Determining when the loss of oil or gas is avoidable
or unavoidable.

    For purposes of this subpart:
    (a) Unavoidably lost oil or gas means lost oil or gas provided that 
the operator has not been negligent; the operator has complied fully 
with applicable laws, lease terms, regulations, provisions of a 
previously approved operating plan, or other written orders of the BLM; 
and the oil or gas is:
    (1) Produced oil or gas that is lost from the following operations 
or sources, and that cannot be recovered in the normal course of 
operations, where the operator has taken prudent and reasonable steps to 
avoid waste:

[[Page 598]]

    (i) Well drilling;
    (ii) Well completion and related operations;
    (iii) Initial production tests, subject to the limitations in 
Sec. 3179.103;
    (iv) Subsequent well tests, subject to the limitations in 
Sec. 3179.104;
    (v) Exploratory coalbed methane well dewatering;
    (vi) Emergencies, subject to the limitations in Sec. 3179.105;
    (vii) Normal operating losses from a natural gas-activated pneumatic 
controller or pump that is in compliance with Sec. 3179.201 and 
Sec. 3179.202;
    (viii) Normal operating losses from a storage vessel or other low 
pressure production vessel that is in compliance with Sec. 3179.203 and 
Sec. 3174.5(b);
    (ix) Well venting in the course of downhole well maintenance and/or 
liquids unloading performed in compliance with Sec. 3179.204;
    (x) Leaks, when the operator has complied with the leak detection 
and repair requirements in Secs. 3179.301-305;
    (xi) Facility and pipeline maintenance, such as when an operator 
must blow-down and depressurize equipment to perform maintenance or 
repairs; or
    (xii) Flaring of gas from which at least 50 percent of natural gas 
liquids have been removed and captured for market, if the operator has 
notified the BLM through a Sundry Notice that the operator is conducting 
such capture; or
    (2) Produced gas that is flared or vented from a well that is not 
connected to a gas pipeline, provided the BLM has not determined loss of 
gas through such venting or flaring is otherwise avoidable.
    (b) Avoidably lost oil or gas means: Lost oil or gas that is not 
``unavoidably lost,'' as defined in paragraph (a) of this section; waste 
oil that became waste oil through operator negligence; and, any ``excess 
flared gas,'' as defined in Sec. 3179.7.

[81 FR 83078, Nov. 18, 2016, as amended at 81 FR 88634, Dec. 8, 2016]



Sec. 3179.5  When lost production is subject to royalty.

    (a) Royalty is due on all avoidably lost oil or gas.
    (b) Royalty is not due on any unavoidably lost oil or gas.



Sec. 3179.6  Venting prohibition.

    (a) Gas well gas may not be flared or vented, except where it is 
unavoidably lost pursuant to Sec. 3179.4(a).
    (b) The operator must flare rather than vent any gas that is not 
captured, except:
    (1) When flaring the gas is technically infeasible, such as when the 
gas is not readily combustible or the volumes are too small to flare;
    (2) Under emergency conditions, as defined in Sec. 3179.105, when 
the loss of gas is uncontrollable or venting is necessary for safety;
    (3) When the gas is vented through normal operation of a natural 
gas-activated pneumatic controller or pump;
    (4) When the gas is vented from a storage vessel, provided that 
Sec. 3179.203 does not require the combustion or flaring of the gas;
    (5) When the gas is vented during downhole well maintenance or 
liquids unloading activities performed in compliance with Sec. 3179.204;
    (6) When the gas is vented through a leak, provided that the 
operator is in full compliance with Secs. 3179.301 through 3179.305;
    (7) When the gas venting is necessary to allow non-routine facility 
and pipeline maintenance to be performed, such as when an operator must, 
upon occasion, blow-down and depressurize equipment to perform 
maintenance or repairs; or
    (8) When a release of gas is unavoidable under Sec. 3179.4 and 
flaring is prohibited by Federal, State, local or Tribal law, 
regulation, or enforceable permit term.
    (c) For purposes of this subpart, all flares or combustion devices 
must be equipped with an automatic ignition system.



Sec. 3179.7  Gas capture requirement.

    (a) Except as provided in Sec. 3179.8, on a monthly basis, each 
operator must capture for sale or use on site a volume of gas sufficient 
to meet the ``capture percentage'' requirement specified in paragraph 
(b) of this section.
    (b) Beginning January 17, 2018, the operator's capture percentage 
must equal:

[[Page 599]]

    (1) For each month during the period from January 17, 2018 until 
December 31, 2019: 85 percent;
    (2) For each month during the period from January 1, 2020 until 
December 31, 2022: 90 percent;
    (3) For each month during the period from January 1, 2023 until 
December 31, 2025: 95 percent; and
    (4) For each month beginning January 1, 2026: 98 percent.
    (c) The term ``capture percentage'' in this section means the 
``total volume of gas captured'' over the ``relevant area'' divided by 
the ``adjusted total volume of gas produced'' over the ``relevant 
area.''
    (1) The term ``total volume of gas captured'' in this section means: 
for each month, the volume of gas sold from all of the operator's 
development oil wells in the relevant area plus the volume of gas from 
such wells used on lease, unit, or communitized area in the relevant 
area.
    (2) The term ``adjusted total volume of gas produced'' in this 
section means: the total volume of gas captured over the month plus the 
total volume of gas flared over the month from high pressure flares from 
all of the operator's development oil wells that are in production in 
the relevant area, minus:
    (i) For each month from January 17, 2018 until December 31, 2018: 
5,400 Mcf times the total number of development oil wells ``in 
production'' in the relevant area;
    (ii) For each month in calendar year 2019: 3,600 Mcf times the total 
number of development oil wells in production in the relevant area;
    (iii) For each month in calendar year 2020: 1,800 Mcf times the 
total number of development oil wells in production in the relevant 
area; and
    (iv) For each month in calendar year 2021: 1,500 Mcf times the total 
number of development oil wells in production in the relevant area;
    (v) For each month in calendar years 2022-2023: 1,200 Mcf times the 
total number of development oil wells in production in the relevant 
area;
    (vi) For each month in calendar year 2024: 900 Mcf times the total 
number of development oil wells in production in the relevant area; and
    (vii) For each month in calendar year 2025 and thereafter: 750 Mcf 
times the total number of development oil wells in production in the 
relevant area.
    (3) The term ``relevant area'' in this section means:
    (i) Each of the operator's leases, units, or communitized areas; or
    (ii) All of the operator's development oil wells on leases, units, 
and communitized areas within a county or within a State, if the 
operator notifies the BLM by Sundry Notice by January 1, of the relevant 
year that the operator has chosen to comply on a county- or State-wide 
basis.
    (4) An oil well is considered ``in production'' only after the well 
has begun producing oil, and only during a month in which it produces 
gas (that is sold or flared) for 10 or more days.
    (d) In any month in which the operator fails to meet the required 
capture percentage, the ``excess flared gas'' is royalty-bearing under 
Sec. 3179.4. The term ``excess flared gas'' means:

Excess flared gas = (required capture percentage * adjusted total volume 
          of gas produced over the relevant area) ^ total volume of gas 
          captured.

    (e) For purposes of calculating royalties on an operator's excess 
flared gas in a given month, the operator must prorate the excess flared 
gas across the relevant area to each lease, unit or communitized area 
that reported high-pressure flaring during the month.



Sec. 3179.8  Alternative capture requirement.

    (a) With respect to leases issued before the effective date of this 
regulation, for operators choosing to comply with the capture 
requirement in Sec. 3179.7 on a lease-by-lease, unit-by-unit, or 
communitized area-by-communitized area basis, the BLM may approve a 
capture percentage lower than the applicable capture percentage 
specified under Sec. 3179.7, if the operator demonstrates, and the BLM 
agrees, that the applicable capture percentage under Sec. 3179.7 would 
impose such costs as to cause the operator to cease production and 
abandon significant recoverable oil reserves under the lease.

[[Page 600]]

    (b) To support a demonstration under paragraph (a) of this section, 
the operator must submit a Sundry Notice that includes the following 
information:
    (1) The name, number, and location of each of the operator's wells, 
and the number of the lease, unit, or communitized area with which it is 
associated;
    (2) The oil and gas production levels of each of the operator's 
wells on the lease, unit or communitized area for the most recent 
production month for which information is available and the volumes 
being vented and flared from each well;
    (3) Map(s) showing:
    (i) The entire lease, unit, or communitized area and the surrounding 
lands to a distance and on a scale that shows the field in which the 
well or wells are or will be located (if applicable), and all pipelines 
that could transport the gas from the well or wells;
    (ii) All of the operator's producing oil and gas wells, which are 
producing from Federal or Indian leases (both on Federal or Indian 
leases and on other properties) within the map area;
    (iii) Identification of all of the operator's wells within the 
lease, unit, or communitized area from which gas is flared or vented, 
and the location and distance of the nearest gas pipeline(s) to each 
such well, with an identification of those pipelines that are or could 
be available for connection and use; and
    (iv) Identification of all of the operator's wells within the lease, 
unit, or communitized area from which gas is captured;
    (4) Data that show pipeline capacity and the operator's projections 
of the cost associated with installation and operation of gas capture 
infrastructure, to the extent that the operator is able to obtain this 
information, as well as cost projections for alternative methods of 
transportation that do not require pipelines;
    (5) Projected costs of and the combined stream of revenues from both 
gas and oil production, including:
    (i) The operator's projections of gas prices, gas production 
volumes, gas quality (i.e., heating value and H2S content), 
revenues derived from gas production, and royalty payments on gas 
production over the next 15 years or the life of the operator's lease, 
unit, or communitized area, whichever is less; and
    (ii) The operator's projections of oil prices, oil production 
volumes, costs, revenues, and royalty payments from the operator's oil 
and gas operations within the lease over the next 15 years or the life 
of the operator's lease, unit, or communitized area, whichever is less.
    (c) In establishing an alternative capture requirement under this 
section, the BLM will set the capture percentage at the highest level 
that the BLM determines, considering the information identified in 
paragraph (b) of this section, will not cause the operator to cease 
production and abandon significant recoverable oil reserves under the 
lease.



Sec. 3179.9  Measuring and reporting volumes of gas vented and flared.

    (a) The operator must estimate or measure all volumes of gas vented 
or flared from wells, facilities and equipment on a lease, unit PA, or 
communitized area and report those volumes under applicable ONRR 
reporting requirements.
    (b) The operator may estimate such volumes, except:
    (1) If the operator estimates that the volume of gas flared from a 
high pressure flare stack or manifold equals or exceeds an average of 50 
Mcf per day for the life of the flare, or the previous 12 months, 
whichever is shorter, then, beginning January 17, 2018 the operator must 
either:
    (i) Measure the volume of the flared gas; or
    (ii) Calculate the volume of the flared gas based on the results of 
a regularly performed GOR test and measured values for the volumes of 
oil production and gas sales, so as to allow BLM to independently verify 
the volume, rate, and heating value of the flared gas; or
    (2) If the BLM determines and informs the operator that the 
additional accuracy offered by measurement is necessary for effective 
implementation of this Subpart, then the operator must measure the 
volume of the flared gas.

[[Page 601]]

    (c) If measurement or calculation is required under paragraph (b) of 
this section for a flare that is combusting gas that is combined across 
multiple leases, unit PAs, or communitized areas, the operator may 
measure or calculate the gas at a single point at the flare, but must 
use an allocation method approved by the BLM to allocate the quantities 
of flared gas to each lease, unit PA, or communitized area.



Sec. 3179.10  Determinations regarding royalty-free flaring.

    (a) Approvals to flare royalty free, which are in effect as of the 
effective date of this rule, will continue in effect until January 17, 
2018.
    (b) The provisions of this subpart do not affect any determination 
made by the BLM before or after January 17, 2017, with respect to the 
royalty-bearing status of flaring that occurred prior to January 17, 
2017.



Sec. 3179.11  Other waste prevention measures.

    (a) If production from an oil well newly connected to a gas pipeline 
results or is expected to result in one or more producing wells already 
connected to the pipeline being forced off the pipeline, the BLM may 
exercise its authority under applicable laws and regulations, as well as 
its authority under the terms of applicable permits, orders, leases, and 
unitization or communitization agreements, to limit the production level 
from the new well until the pressure of gas production from the new well 
stabilizes at levels that allow transportation of gas from all wells 
connected to the pipeline.
    (b) If gas capture capacity is not yet available on a given lease, 
the BLM may exercise its authority under applicable laws and 
regulations, as well as its authority under the terms of applicable 
permits, orders, leases, and unitization or communitization agreements, 
to delay action on an APD for that lease, or approve the APD with 
conditions for gas capture or limitations on production. If the lease 
for which an APD is submitted is not yet producing, the BLM may direct 
or grant a lease suspension under 43 CFR 3103.4-4.



Sec. 3179.12  Coordination with State regulatory authority.

    To the extent that any BLM action to enforce a prohibition, 
limitation, or order under this subpart may adversely affect production 
of oil or gas that comes from non-Federal and non-Indian mineral 
interests, the BLM will coordinate, on a case-by-case basis, with the 
State regulatory authority having jurisdiction over the oil and gas 
production from the non-Federal and non-Indian interests.

    Flaring and Venting Gas During Drilling and Production Operations



Sec. 3179.101  Well drilling.

    (a) Except as provided in Sec. 3179.6 of this subpart, and unless 
technically infeasible, gas that reaches the surface as a normal part of 
drilling operations must be:
    (1) Captured and sold;
    (2) Directed to a flare pit or flare stack to combust any flammable 
gasses;
    (3) Used in operations on the lease, unit, or communitized area; or
    (4) Injected.
    (b) If gas is lost as a result of loss of well control, the BLM will 
make a determination of whether the loss of well control is due to 
operator negligence. Such gas is avoidably lost if the BLM determines 
that the loss of well control is due to operator negligence. The BLM 
will notify the operator in writing when it makes a determination that 
gas was lost due to operator negligence.



Sec. 3179.102  Well completion and related operations.

    (a) Except as provided in Sec. 3179.6, and unless technically 
infeasible, after a well has been hydraulically fractured or 
refractured, gas that reaches the surface during well completion, post-
completion, and fluid recovery operations must be:
    (1) Captured and sold;
    (2) Directed to a flare pit or flare stack to combust any flammable 
gasses, subject to the volumetric limitations in Sec. 3179.103(a)(3);
    (3) Used in operations on the lease, unit, or communitized area; or
    (4) Injected.

[[Page 602]]

    (b) An operator will be deemed to be in compliance with the 
requirements of paragraph (a) of this section, if the operator is in 
compliance with the requirements for control of gas from well 
completions established under 40 CFR part 60, subpart OOOO or subpart 
OOOOa or if the well is not a ``well affected facility'' under either of 
those subparts.
    (c) The requirements of paragraph (a) of this section will not apply 
where the operator demonstrates through a Sundry Notice, and the BLM 
agrees, that compliance with paragraph (a) of this section would impose 
such costs as to cause the operator to cease production and abandon 
significant recoverable oil reserves under the lease.
    (d) To support a demonstration under paragraph (c) of this section, 
the operator must submit a Sundry Notice that includes the following 
information:
    (1) The name, number, and location of each of the operator's wells, 
and the number of the lease, unit, or communitized area with which it is 
associated;
    (2) The oil and gas production levels of each of the operator's 
wells on the lease, unit or communitized area for the most recent 
production month for which information is available;
    (3) Data that show the costs of compliance with paragraph (a) of 
this section on the lease; (4) Projected costs of and the combined 
stream of revenues from both gas and oil production, including: the 
operator's projections of oil and gas prices, production volumes, 
quality (i.e., heating value and H2S content), revenues 
derived from production, and royalty payments on production over the 
next 15 years or the life of the operator's lease, unit, or communitized 
area, whichever is less.

[81 FR 83078, Nov. 18, 2016, as amended at 81 FR 88634, Dec. 8, 2016]



Sec. 3179.103  Initial production testing.

    (a) Gas flared during a well's initial production test is royalty-
free under Secs. 3179.4(a)(1)(iii) and 3179.5(b) of this subpart until 
one of the following occurs:
    (1) The operator determines that it has obtained adequate reservoir 
information for the well;
    (2) 30 days have passed since the beginning of the production test, 
except as provided in paragraph (b) and paragraph (d) of this section;
    (3) The operator has flared 20 million cubic feet (MMcf) of gas, 
when volumes flared under this section are combined with volumes flared 
under Sec. 3179.102(a)(2), except as provided in paragraph (c) of this 
section; or
    (4) Production begins.
    (b) The BLM may extend the period specified in paragraph (a)(2) not 
to exceed an additional 60 days, based on testing delays caused by well 
or equipment problems or if there is a need for further testing to 
develop adequate reservoir information.
    (c) The BLM may increase the limit specified in paragraph (a)(3) by 
up to an additional 30 million cubic feet of gas for exploratory wells 
in remote locations where additional testing is needed in advance of 
development of pipeline infrastructure.
    (d) During the dewatering and initial evaluation of an exploratory 
coalbed methane well, the 30-day period specified in paragraph (a)(2) of 
this section is extended to 90 days. The BLM may approve up to two 
extensions of this evaluation period, of up to 90 days each.
    (e) The operator must submit its request for a longer test period or 
increased limit under paragraphs (b), (c), or (d) of this section using 
a Sundry Notice.



Sec. 3179.104  Subsequent well tests.

    During well tests subsequent to the initial production test, the 
operator may flare gas for no more than 24 hours royalty free, unless 
the BLM approves or requires a longer period. The operator must request 
a longer period under this section using a Sundry Notice.



Sec. 3179.105  Emergencies.

    (a) An operator may flare or, if flaring is not feasible given the 
emergency, vent gas royalty-free under Sec. 3179.4(a)(vi) of this 
subpart during an emergency. For purposes of this subpart, an 
``emergency'' is a temporary, infrequent and unavoidable situation in 
which the loss of gas or oil is uncontrollable or necessary to avoid 
risk of

[[Page 603]]

an immediate and substantial adverse impact on safety, public health, or 
the environment. For purposes of royalty assessment, an ``emergency'' is 
limited to a short-term situation of 24 hours or less (unless the BLM 
agrees that the emergency conditions necessitating venting or flaring 
extend for a longer period) caused by an unanticipated event or failure 
that is out of the operator's control and was not due to operator 
negligence.
    (b) The following do not constitute emergencies for the purposes of 
royalty assessment:
    (1) More than 3 failures of the same component within a single piece 
of equipment within any 365-day period;
    (2) The operator's failure to install appropriate equipment of a 
sufficient capacity to accommodate the production conditions;
    (3) Failure to limit production when the production rate exceeds the 
capacity of the related equipment, pipeline, or gas plant, or exceeds 
sales contract volumes of oil or gas;
    (4) Scheduled maintenance;
    (5) A situation caused by operator negligence; or
    (6) A situation on a lease, unit, or communitized area that has 
already experienced 3 or more emergencies within the past 30 days, 
unless the BLM determines that the occurrence of more than 3 emergencies 
within the 30 day period could not have been anticipated and was beyond 
the operator's control.
    (c) Within 45 days of the start of the emergency, the operator must 
estimate and report to the BLM on a Sundry Notice the volumes flared or 
vented beyond the timeframes specified in paragraph (b) of this section.

    Gas Flared or Vented From Equipment and During Well Maintenance 
                               Operations



Sec. 3179.201  Equipment requirements for pneumatic controllers.

    (a) A pneumatic controller that uses natural gas produced from a 
Federal or Indian lease, or from a unit or communitized area that 
includes a Federal or Indian lease, is subject to this section if the 
pneumatic controller:
    (1) Has a continuous bleed rate greater than 6 standard cubic feet 
(scf) per hour; and
    (2) Is not subject to any of the requirements of 40 CFR part 60, 
subpart OOOO or subpart OOOOa, but would be subject to one of those 
subparts if it were a new, modified, or reconstructed source.
    (b) The operator must replace a pneumatic controller subject to this 
section with a controller (including but not limited to a continuous or 
intermittent pneumatic controller) having a bleed rate of 6 scf per hour 
or less within the timeframes set forth in paragraph (d) of this 
section, unless:
    (1) Use of a pneumatic controller with a bleed rate greater than 6 
scf per hour is required based on functional needs that may include, but 
are not limited to, response time, safety, and positive actuation, 
provided that the operator notifies the BLM through a Sundry Notice that 
describes the functional needs necessitating the use of a pneumatic 
controller with a bleed rate greater than 6 scf per hour;
    (2) The pneumatic controller exhaust was, as of January 17, 2017 and 
continues to be, routed to a flare device or low-pressure combustor;
    (3) The pneumatic controller exhaust is routed to processing 
equipment; or
    (4) The operator notifies the BLM through a Sundry Notice and 
demonstrates, and the BLM agrees, based on the information identified in 
paragraph (c) of this section, that replacement of a pneumatic 
controller subject to paragraph (a)(1)(i) of this section would impose 
such costs as to cause the operator to cease production and abandon 
significant recoverable oil reserves under the lease.
    (c) To support a demonstration under paragraph (b)(4) of this 
section, the operator must submit a Sundry Notice that includes the 
following information:
    (1) The name, number, and location of each of the operator's wells, 
and the number of the lease, unit, or communitized area with which it is 
associated;
    (2) The oil and gas production levels of each of the operator's 
wells on the lease, unit or communitized area for

[[Page 604]]

the most recent production month for which information is available;
    (3) Data that show the costs of compliance with paragraph (b) of 
this section on the lease;
    (4) Projected costs of and the combined stream of revenues from both 
gas and oil production, including:
    (i) The operator's projections of gas prices, gas production 
volumes, gas quality (i.e., heating value and H2S content), 
revenues derived from gas production, and royalty payments on gas 
production over the next 15 years or the life of the operator's lease, 
unit, or communitized area, whichever is less; and
    (ii) The operator's projections of oil prices, oil production 
volumes, costs, revenues, and royalty payments from the operator's oil 
and gas operations within the lease over the next 15 years or the life 
of the operator's lease, unit, or communitized area, whichever is less.
    (d) The operator must replace the pneumatic controller(s) no later 
than 1 year after the effective date of this section as required under 
paragraph (b) of this section. If, however, the well or facility that 
the pneumatic controller serves has an estimated remaining productive 
life of 3 years or less from the effective date of this section, then 
the operator may notify the BLM through a Sundry Notice and replace the 
pneumatic controller no later than 3 years from the effective date of 
this section.
    (e) The operator must ensure pneumatic controllers are functioning 
within manufacturers' specifications.



Sec. 3179.202  Requirements for pneumatic diaphragm pumps.

    (a) A pneumatic diaphragm pump is subject to this section if it:
    (1) Uses natural gas produced from a Federal or Indian lease, or 
from a unit or communitized area that includes a Federal or Indian 
lease; and
    (2) Is not subject to any of the requirements of 40 CFR part 60, 
subpart OOOOa, but would be subject to that subpart if it were a new, 
modified or reconstructed source.
    (b) An operator is not required to comply with paragraphs (c) 
through (h), with respect to a pneumatic diaphragm pump or pumps if:
    (1) The pump does not vent exhaust gas to the atmosphere; or
    (2) The operator submits a Sundry Notice to the BLM documenting that 
the pump(s) operated on less than 90 individual days in the prior 
calendar year.
    (c) For each pneumatic diaphragm pump subject to this section and 
within the timeframes set forth in paragraph (h) of this section, the 
operator must:
    (1) Replace the pump with a zero-emissions pump, which may be an 
electric-powered pump; or
    (2) Route the pump exhaust gas to processing equipment for capture 
and sale.
    (d) As an alternative to compliance with paragraph (c), the operator 
may route the pump exhaust gas to a flare or low pressure combustor 
device within the timeframes set forth in paragraph (h) of this section, 
if the operator determines and notifies the BLM through a Sundry Notice 
that:
    (1) Replacing the pump with a zero-emissions pump is not viable 
because a pneumatic pump is necessary to perform the function required; 
and
    (2) Routing the pump exhaust gas to processing equipment for capture 
and sale is technically infeasible or unduly costly.
    (e) If the operator has met the criteria in paragraph (d) allowing 
the operator to use the compliance alternative provided in paragraph 
(d), but the operator has no flare or low pressure combustor device on 
site, or routing the exhaust gas to such a flare or low pressure 
combustor device would be technically infeasible, the operator need take 
no further action to comply with paragraphs (c) through (h).
    (f) An operator that is required to replace a pump or route the 
exhaust gas from a pump to capture or a flare or combustion device under 
this section, may nonetheless be exempt from such requirement if the 
operator submits a Sundry Notice to the BLM that provides an economic 
analysis that demonstrates, and the BLM agrees, based on the information 
identified in paragraph (g) of this section, that compliance with the 
provisions of this section would impose such costs as to cause the 
operator to cease production and

[[Page 605]]

abandon significant recoverable oil reserves under the lease.
    (g) The Sundry Notice described in paragraph (f) must include the 
following information:
    (1) Well information must include:
    (i) The name, number, and location of each well, and the number of 
the lease, unit, or communitized area with which it is associated; and
    (ii) The oil and gas production levels of each of the operator's 
wells on the lease, unit or communitized area for the most recent 
production month for which information is available;
    (2) Data that show the costs of compliance with paragraphs (c) 
through (e) of this section on the lease;
    (3) The operator must consider the costs and revenues of the 
combined stream of revenues from both the gas and oil components and 
provide:
    (i) The operator's projections of gas prices, gas production 
volumes, gas quality (i.e., heating value and H2S content), 
revenues derived from gas production, and royalty payments on gas 
production over the next 15 years or the life of the operator's lease, 
unit, or communitized area, whichever is less; and
    (ii) The operator's projections of oil prices, oil production 
volumes, costs, revenues, and royalty payments from the operator's oil 
and gas operations within the lease over the next 15 years or the life 
of the operator's lease, unit, or communitized area, whichever is less.
    (h) The operator must replace the pneumatic diaphragm pump(s) or 
route the exhaust gas to capture or to a flare or combustion device no 
later than 1 year after the effective date of this section, except that 
if the operator will comply with paragraph (c) of this section by 
replacing the pneumatic diaphragm pump with a zero-emission pump and the 
well or facility that the pneumatic diaphragm pump serves has an 
estimated remaining productive life of 3 years or less from the 
effective date of this section, the operator must notify the BLM through 
a Sundry Notice and replace the pneumatic diaphragm pump no later than 3 
years from the effective date of this section.
    (i) The operator must ensure its pneumatic diaphragm pumps are 
functioning within manufacturers' specifications.



Sec. 3179.203  Storage vessels.

    (a) A storage vessel is subject to this section if the vessel:
    (1) Contains production from a Federal or Indian lease, or from a 
unit or communitized area that includes a Federal or Indian lease; and
    (2) Is not subject to any of the requirements of 40 CFR part 60, 
subparts OOOO or OOOOa, but would be subject to one of those subparts if 
it were a new, modified or reconstructed source.
    (b) Within 60 days after the effective date of this section, and 
within 30 days after any new source of production is added to the 
storage vessel, the operator must determine, record, and make available 
to the BLM upon request, whether the storage vessel has the potential 
for VOC emissions equal to or greater than 6 tpy based on the maximum 
average daily throughput for a 30-day period of production. The 
determination may take into account requirements under a legally and 
practically enforceable limit in an operating permit or other 
requirement established under a federal, state, local or tribal 
authority that limit the VOC emissions to less than 6 tpy.
    (c) If a storage vessel has the potential for VOC emissions equal to 
or greater than 6 tpy under paragraph (b) of this section, no later than 
one year after the effective date of this section, or three years if the 
operator must and will replace the storage vessel at issue in order to 
comply with the requirements of this section, the operator must:
    (1) Route all tank vapor gas from the storage vessel to a sales 
line;
    (2) If the operator determines that compliance with paragraph (c)(1) 
of this section is technically infeasible or unduly costly, route all 
tank vapor gas from the storage vessel to a device or method that 
ensures continuous combustion of the tank vapor gas; or
    (3) Submit an economic analysis to the BLM through a Sundry Notice 
that demonstrates, and the BLM agrees, based on the information 
identified in paragraph (d) of this section, that compliance with 
paragraph (c)(2) of this section would impose such costs as to

[[Page 606]]

cause the operator to cease production and abandon significant 
recoverable oil reserves under the lease.
    (d) To support a demonstration under paragraph (c) of this section, 
the operator must submit a Sundry Notice that includes the following 
information:
    (1) The name, number, and location of each well, and the number of 
the lease, unit, or communitized area with which it is associated;
    (2) The oil and gas production levels of each of the operator's 
wells on the lease, unit or communitized area for the most recent 
production month for which information is available;
    (3) Data that show the costs of compliance with paragraph (c)(1) or 
(c)(2) of this section on the lease;
    (4) The operator must consider the costs and revenues of the 
combined stream of revenues from both the gas and oil components and 
provide:
    (i) The operator's projections of oil and gas prices, production 
volumes, quality (i.e., heating value and H2S content), 
revenues derived from production, and royalty payments on production 
over the next 15 years or the life of the operator's lease, unit, or 
communitized area, whichever is less.
    (e) If the rate of total uncontrolled VOCs released from a storage 
vessel declines to 4 tpy or less for any continuous 12 month period, the 
requirements of paragraph (c) no longer apply.
    (f) Storage vessels subject to this section must be adequately sized 
to accommodate the operator's production levels and equipped to meet any 
applicable regulatory requirements regarding tank vapors.
    (g) Storage vessels subject to this section may only vent through 
properly functioning pressure relief devices.



Sec. 3179.204  Downhole well maintenance and liquids unloading.

    (a) The operator must minimize vented gas and the need for well 
venting associated with downhole well maintenance and liquids unloading, 
consistent with safe operations.
    (b) For wells equipped with a plunger lift system and/or an 
automated well control system, minimizing gas venting under paragraph 
(a) includes optimizing the operation of the system to minimize gas 
losses to the extent possible consistent with removing liquids that 
would inhibit proper function of the well.
    (c) Before the operator manually purges a well for liquids unloading 
for the first time after the effective date of this section, the 
operator must consider other methods for liquids unloading and determine 
that they are technically infeasible or unduly costly. The operator must 
provide information supporting that determination as part of the Sundry 
Notice required under paragraph (e) of this section.
    (d) For any liquids unloading by manual well purging, the operator 
must:
    (1) Ensure that the person conducting the well purging remains 
present on-site throughout the event to minimize to the maximum extent 
practicable any venting to the atmosphere;
    (2) Record the cause, date, time, duration, and estimated volume of 
each venting event; and
    (3) Maintain the records for the period required under Sec. 3162.4-1 
of this title and make them available to the BLM, upon request.
    (e) The operator must notify the BLM by Sundry Notice within 30 
calendar days after the first liquids unloading event by manual or 
automated well purging conducted after the effective date of this 
section. This requirement applies to each well the operator operates.
    (f) The operator must notify the BLM by Sundry Notice, within 30 
calendar days, if:
    (1) The cumulative duration of manual well purging events for a well 
exceeds 24 hours during any production month; or
    (2) The estimated volume of gas vented in liquids unloading by 
manual well purging operations for a well exceeds 75 Mcf during any 
production month.
    (g) For purposes of this section, ``well purging'' means blowing 
accumulated liquids out of a wellbore by reservoir gas pressure, whether 
manually or by an automatic control system that relies on real-time 
pressure or flow, timers, or other well data, where the gas is vented to 
the atmosphere, and it does not apply to wells equipped with a plunger 
lift system.

[[Page 607]]

    (h) Total estimated volumes vented as a result of downhole well 
maintenance and liquids unloading, including through the operation of 
plunger lifts and automated well controls, during the production month 
must be included in volumes reported to ONRR as vented.

                    Leak Detection and Repair (LDAR)



Sec. 3179.301  Operator responsibility.

    (a) The requirements of Secs. 3179.301 through 3179.305 of this 
subpart apply to:
    (1) A site and all equipment associated with it used to produce, 
process, compress, treat, store, or measure natural gas (including oil 
wells that also produce natural gas) from or allocated to a Federal or 
Indian lease, unit, or communitized area, where the site is upstream of 
or contains the approved point of royalty measurement; and
    (2) A site and all equipment operated by the operator and associated 
with a site used to store, measure, or dispose of produced water, where 
the site is located on a Federal or Indian lease.
    (b) The requirements of Secs. 3179.301 through 3179.305 of this 
subpart do not apply to:
    (1) A site that contains a wellhead or wellheads and no other 
equipment; or
    (2) A well or well equipment that has been depressurized.
    (c) As prescribed in Secs. 3179.302 and 3179.303 of this subpart, 
the operator must inspect all equipment covered under this section, as 
provided in paragraph (a) of this section, for gas leaks from leak 
components.
    (d) The operator is not required to inspect or monitor a leak 
component that is not an accessible component.
    (e) For purposes of Secs. 3179.301 through 3179.305, the term 
``site'' means a discrete area located on a lease, unit, or communitized 
area, and containing a wellhead, wellhead equipment, or other equipment 
used to produce, process, compress, treat, store, or measure natural gas 
or store, measure, or dispose of produced water, which is suitable for 
inspection in a single visit.
    (f) The operator must make the first inspection of each site:
    (1) Within one year of January 17, 2017 for sites that have begun 
production prior to January 17, 2017;
    (2) Within 60 days of beginning production for sites that begin 
production after January 17, 2017; and
    (3) Within 60 days of the date when a site that was out of service 
is brought back into service and re-pressurized.
    (g) The operator must make subsequent inspections as prescribed in 
Sec. 3179.303.
    (h) All leak inspections must occur during production operations.
    (i) The operator must fix identified leaks as prescribed in 
Secs. 3179.304 and 3179.305 of this subpart. See 43 CFR 3162.5-1 for 
responsibility to repair oil leaks.
    (j) With respect to new, modified or reconstructed equipment, an 
operator will be deemed to be in compliance with the requirements of 
this section for such equipment, if the operator is in compliance with 
the requirements of subpart OOOOa applicable to such equipment.
    (k) For each lease, unit, or communitized area, for all covered 
sites and equipment not already deemed in compliance with the 
requirements of this section pursuant to paragraph (j), an operator may 
choose to satisfy the requirements of Secs. 3179.301 through 3179.305 
by:
    (1) Treating each of those sources as if it were a collection of 
fugitive emissions components as defined in 40 CFR part 60 subpart 
OOOOa;
    (2) Complying with the requirements of 40 CFR part 60 subpart OOOOa 
that apply to affected facility fugitive emissions components at a well 
site (or for compressor stations, that apply to affected facility 
fugitive emissions components at a compressor station) under 40 CFR part 
60, subpart OOOOa; and
    (3) Notifying the BLM through a Sundry Notice regarding such 
compliance.



Sec. 3179.302  Approved instruments and methods.

    (a) The operator must use one or more of the following instruments, 
operated according to the manufacturer's specifications or as specified 
below, to detect leaks:
    (1) An optical gas imaging device capable of imaging a gas that is 
half

[[Page 608]]

methane, half propane at a concentration of 10,000 ppm at a flow rate of 
less than or equal to 60 grams per hour from a quarter inch diameter 
orifice;
    (2) A portable analyzer device capable of detecting leaks, such as 
catalytic oxidation, flame ionization, infrared absorption or 
photoionization devices, used for a leak detection survey conducted in 
compliance with the relevant sections of Method 21 at 40 CFR part 60, 
appendix A-7, including section 8.3.1. and assisted by audio, visual, 
and olfactory inspection; or
    (3) A leak detection device not listed in this section that is 
approved by the BLM for use by any operator under Sec. 3179.302(d) of 
this subpart.
    (b) The person operating any of the leak detection devices listed in 
or approved under this section must be adequately trained in the proper 
use of the device.
    (c) Any person may request approval of an alternative monitoring 
device and protocol by submitting a Sundry Notice to BLM that includes 
the following information:
    (1) Specifications of the proposed monitoring device, including a 
detection limit capable of supporting the desired function;
    (2) The proposed monitoring protocol using the proposed monitoring 
device, including how results will be recorded;
    (3) Records and data from laboratory and field testing, including 
but not limited to performance testing;
    (4) A demonstration that the proposed monitoring device and protocol 
will achieve equal or greater reduction of gas lost through leaks 
compared with the approach specified in Sec. 3179.302(a)(1) when used 
according to Sec. 3179.303(a) of this subpart;
    (5) Tracking and documentation procedures; and
    (6) Proposed limitations on the types of sites or other conditions 
on deploying the device and the protocol to achieve the demonstrated 
results.
    (d) The BLM may approve an alternative monitoring device and 
associated inspection protocol, if the BLM finds that the alternative 
would achieve equal or greater reduction of gas lost through leaks 
compared with the approach specified in Sec. 3179.302(a)(1) when used 
according to Sec. 3179.303(a) of this subpart.
    (1) The BLM will provide public notice of a submission for approval 
under section 3179.302(c).
    (2) The BLM may approve an alternative device and monitoring 
protocol for use in all or most applications, or for use on a pilot or 
demonstration basis under specified circumstances that limit where and 
for how long the device may be used.
    (3) The BLM will post on the BLM Web site a list of each approved 
alternative monitoring device and protocol, along with any limitations 
on its use.



Sec. 3179.303  Leak detection inspection requirements for natural
gas wellhead equipment and other equipment.

    (a) Except as provided below or otherwise authorized in paragraph 
(b) of this section, the operator must inspect leak components located 
on and around the equipment identified in Sec. 3179.301(a) of this 
subpart for leaks using a leak detection device listed under 
Sec. 3179.302 according to the following parameters:
    (1) The operator must inspect each site at least semi-annually, and 
consecutive semiannual inspections must be conducted at least 4 months 
apart; and
    (2) The operator must inspect each compressor station at least 
quarterly, and consecutive quarterly inspections must be conducted at 
least 60 days apart.
    (b) The BLM may approve an operator's request to use an alternative 
instrument-based leak detection program, in lieu of compliance with the 
requirements of Sec. 3179.303(a), if the BLM finds that the alternative 
program would achieve equal or greater reduction of gas lost through 
leaks compared with the approach specified in Secs. 3179.302(a)(1) and 
3179.303(a) of this subpart. The operator must submit its request for an 
alternative leak detection program through a Sundry Notice that includes 
the following information:
    (1) A detailed description of the alternative leak detection 
program, including how it will use one or more of

[[Page 609]]

the instruments specified in or approved under Sec. 3179.302(a) and an 
identification of the specific instruments, methods and/or practices 
that would substitute for specific elements of the approach specified in 
Secs. 3179.302(a) and 3179.303(a);
    (2) The proposed monitoring protocol;
    (3) Records and data from laboratory and field testing, including, 
but not limited to, performance testing, to the extent relevant;
    (4) A demonstration that the proposed alternative leak detection 
program will achieve equal or greater reduction of gas lost through 
leaks compared to compliance with the requirements specified in 
Secs. 3179.302(a) and 3179.303(a);
    (5) A detailed description of how the operator will track and 
document its procedures, leaks found, and leaks repaired; and
    (6) Proposed limitations on types of sites or other conditions on 
deployment of the alternative leak detection program.
    (c) If the operator demonstrates, and the BLM agrees, that 
compliance with the requirements of Secs. 3179.301-305, including the 
option for compliance with an alternative leak detection program under 
Sec. 3179.303(b) would impose such costs as to cause the operator to 
cease production and abandon significant recoverable oil or gas reserves 
under the lease, the BLM may approve an alternative leak detection 
program for that operator that does not meet the criterion specified in 
Sec. 3179.303(b)(4), but is as effective as possible consistent with not 
causing the operator to cease production and abandon significant 
recoverable oil or gas reserves under the lease.
    (d) To support a demonstration under paragraph (c) of this section, 
the operator must submit a Sundry Notice that includes the following 
information:
    (1) The name, number, and location of each well, and the number of 
the lease, unit, or communitized area with which it is associated;
    (2) The oil and gas production levels of each of the operator's 
wells on the lease, unit or communitized area for the most recent 
production month for which information is available;
    (3) Data that show the costs of compliance on the lease with the 
requirements of Secs. 3179.301-305 and with an alternative leak 
detection program that meets the requirements of Sec. 3179.303(b);
    (4) The operator must consider the costs and revenues of the 
combined stream of revenues from both the gas and oil components and 
provide the operator's projections of oil and gas prices, production 
volumes, quality (i.e., heating value and H2S content), 
revenues derived from production, and royalty payments on production 
over the next 15 years or the life of the operator's lease, unit, or 
communitized area, whichever is less;
    (5) The information required under Sec. 3179.303(b), except that in 
lieu of the demonstration required under Sec. 3179.303(b)(4), the 
operator must demonstrate that the alternative program is as effective 
as possible, consistent with not imposing such costs as to cause the 
operator to cease production and abandon significant recoverable oil or 
gas reserves under the lease.
    (e) For any BLM approval of an operator's use of an alternative leak 
detection program under subparagraph (b) or (c) of this section, the BLM 
will post online the alternative program approved for that operator, 
including, at minimum, the information required in subparagraph (b)(1), 
(b)(2), (b)(5), and (b)(6) of this section.



Sec. 3179.304  Repairing leaks.

    (a) The operator must repair any leak as soon as practicable, and in 
no event later than 30 calendar days after discovery, unless good cause 
exists for repair requiring a longer period. Good cause for delay of 
repair exists if the repair (including replacement) is technically 
infeasible (including unavailability of parts that have been ordered), 
would require a pipeline blowdown, a compressor station shutdown, a well 
shut-in, or would be unsafe to conduct during operation of the unit.
    (b) If there is good cause for delaying the repair beyond 30 
calendar days, the operator must notify the BLM of the cause by Sundry 
Notice and must complete the repair at the earliest opportunity, for 
example during the next compressor station shutdown, well shut-in, or 
pipeline blowdown. In no

[[Page 610]]

case may the repair be delayed beyond 2 years.
    (c) Not later than 30 calendar days after completion of a repair, 
the operator must verify the effectiveness of the repair through a 
follow-up inspection using one of the instruments specified or approved 
under Sec. 3179.302(a) or a soap bubble test under Section 8.3.3 of EPA 
Method 21--Determination of Volatile Organic Compound
    Leaks (40 CFR Appendix A-7 to part 60).
    (d) If the repair is not effective, the operator must complete 
additional repairs within 15 calendar days, and conduct follow-up 
inspections and repairs until the leak is repaired.
    (e) A follow-up inspection to verify the effectiveness of repairs 
does not constitute an inspection for purposes of Sec. 3179.303.



Sec. 3179.305  Leak detection inspection recordkeeping and reporting.

    (a) The operator must maintain the following records for the period 
required under Sec. 3162.4-1 of this title and make them available to 
the BLM upon request:
    (1) For each inspection required under Sec. 3179.303 of this 
subpart, documentation of:
    (i) The date of the inspection; and
    (ii) The site where the inspection was conducted;
    (2) The monitoring method(s) used to determine the presence of 
leaks;
    (3) A list of leak components on which leaks were found;
    (4) The date each leak was repaired; and
    (5) The date and result of the follow-up inspection(s) required 
under Sec. 3179.304 paragraph (c) or (d) of this subpart.
    (b) By March 31 each calendar year, the operator must provide to the 
BLM an annual summary report on the previous year's inspection 
activities that includes:
    (1) The number of sites inspected;
    (2) The total number of leaks identified, categorized by the type of 
component;
    (3) The total number of leaks repaired;
    (4) The total number leaks that were not repaired as of December 31 
of the previous calendar year due to good cause and an estimated date of 
repair for each leak.
    (5) A certification by a responsible officer that the information in 
the report is true and accurate to the best of the officer's knowledge.
    (c) AVO checks are not required to be documented unless they find a 
leak requiring repair.

                        State or Tribal Variances



Sec. 3179.401  State or tribal requests for variances from the
requirements of this subpart.

    (a)(1) At the request of a State (for Federal land) or a tribe (for 
Indian lands), the BLM State Director may grant a variance from any 
provision(s) of this Subpart that would apply to all Federal leases, 
units, or communitized areas within a State or to all tribal leases, 
units, or communitized areas within that tribe's lands, or to specific 
fields or basins within the State or that tribe's lands, if the BLM 
finds that the variance would meet the criteria in paragraph (b) of this 
section.
    (2) A State or tribal variance request must:
    (i) Identify the provision(s) of this subpart from which the State 
or tribe is requesting the variance;
    (ii) Identify the State, local, or tribal regulation(s) or rule(s) 
that would be applied in place of the provision(s) of this subpart;
    (iii) Explain why the variance is needed; and
    (iv) Demonstrate how the State, local, or tribal regulation(s) or 
rule(s) would perform at least equally well in terms of reducing waste 
of oil and gas, reducing environmental impacts from venting and or 
flaring of gas, and ensuring the safe and responsible production of oil 
and gas, compared to the particular provision(s) from which the State or 
tribe is requesting the variance.
    (b) The BLM State Director, after considering all relevant factors, 
may approve the request for a variance, or approve it with one or more 
conditions, only if the BLM determines that the State, local or tribal 
regulation(s) or rule(s) would perform at least equally well in terms of 
reducing waste of oil

[[Page 611]]

and gas, reducing environmental impacts from venting and/or flaring of 
gas, and ensuring the safe and responsible production of oil and gas, 
compared to the particular provision(s) from which the State or tribe is 
requesting the variance, and would be consistent with the terms of the 
affected Federal or Indian leases and applicable statutes. The decision 
to grant or deny the variance will be in writing and is within the BLM's 
discretion. The decision on a variance request is not subject to 
administrative appeals under 43 CFR part 4.
    (c) A variance from any particular requirement of this rule does not 
constitute a variance from provisions of other regulations, laws, or 
orders.
    (d) The BLM reserves the right to rescind a variance or modify any 
condition of approval.
    (e) If the BLM approves a variance under this section, the State or 
tribe that requested the variance must notify the BLM in writing in a 
timely manner of any substantive amendments, revisions, or other changes 
to the State, local or tribal regulation(s) or rule(s) to be applied 
under the variance.
    (f) If the BLM approves a variance under this section, the State, 
local or tribal regulation(s) or rule(s) to be applied under the 
variance can be enforced by the BLM as if the regulation(s) or rule(s) 
were provided for in this Subpart. The State, locality, or tribes' own 
authority to enforce its regulation(s) or rule(s) to be applied under 
the variance would not be affected by the BLM's approval of a variance.



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.
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. 189.

    Source: 48 FR 26766, June 10, 1983, unless otherwise noted. 
Redesignated at 48 FR 36587, Aug. 12, 1983.

[[Page 612]]



        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 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

[[Page 613]]

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. All information 
submitted under this section is subject to part 2 of this title, which 
sets forth the rules of the Department of the Interior relating to 
public availability of information contained in Departmental records, as 
provided under this part at Sec. 3100.4 of this chapter. 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.

[48 FR 26766, June 10, 1983. Redesignated at 48 FR 36587, Aug. 12, 1983, 
and amended at 63 FR 52953, Oct. 1, 1998]



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 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

[[Page 614]]

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 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.

[[Page 615]]

    (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.
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

[[Page 616]]

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 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

[[Page 617]]

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 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

[[Page 618]]

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 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

[[Page 619]]

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 calendar 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.
    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.

[[Page 620]]

    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 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,

[[Page 621]]

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.
    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

[[Page 622]]

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 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

[[Page 623]]

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 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

[[Page 624]]

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 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.

[[Page 625]]

    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
    (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.

[[Page 626]]

    \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 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.''

[[Page 627]]

    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]

[[Page 628]]



Sec. 3186.1-1  Model Exhibit ``A''.
[GRAPHIC] [TIFF OMITTED] TC01FE91.054


[[Page 629]]





Sec. 3186.1-2  Model Exhibit ``B''.

                                    Swan Unit Area, Campbell County, Wyoming
----------------------------------------------------------------------------------------------------------------
                                    Serial No. and   Basic royalty                    Overriding      Working
 Tract   Description of    No. of     expiration     and ownership     Lessee of     royalty and    interest and
  No.         land          acres    date of lease    percentage        record        percentage     percentage
----------------------------------------------------------------------------------------------------------------
        All in the area
         of T54N-R59W,
         6th P.M..
        Federal Land
1.....  Sec. 14: All....  1,920.00  W-8470, 6-30-   U.S.: All.....  T.J. Cook 100%  T.J. Cook 2%.  Frost Oil Co.
                                     81.                                                            100%.
        Sec. 15: All....
        Sec. 23: All....
2.....  Sec. 35: All....    640.00  W-9123, 7-31-   U.S.: All.....  O.M. Odom 100%  O.M. Odom 1%.  Deer Oil Co.
                                     81.                                                            100%.
3.....  Sec. 21: All....  1,280.00  W-41345, 6-30-  U.S.: All.....  Max Pen 50%...  Max Pen 1%...  Frost Oil Co.
                                     85.                                                            100%.
        Sec. 28: All....  ........  ..............  ..............  Sam Small 50%.  Sam Small 1%.  .............
4.....  Sec. 27: All....  1,280.00  W-41679, 6-30-  U.S.: All.....  Al Preen 100%.  Al Preen 2%..  Deer Oil Co.
                                     85.                                                            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-  U.S.: All.....  Deer Oil Co.    J.G. Goodin    Deer Oil Co.
                                     85.                             100%.           2%.            100%.
        Sec. 25: Lots
         3,4, SW\1/4\,
         W\1/2\SE\1/4\.
6.....  Sec. 24: Lots       965.80  W-53970, 2-28-  U.S.: All.....  T.H. Holder     .............  T.H. Holder
         1,2,3,4,W\1/2\,             86.                             100%.                          100%.
         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.    T.T. Timo 2%.  Deer Oil Co.
                                                                     100%.                          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,    641.20  5-31-82.......  J.C. Smith:     Doe Oil Co.     .............  Doe Oil Co.
         2, 3, 4, W\1/                               100%.           100%.                          100%.
         2\, W\1/2\E\1/
         2\ (All).
9.....  Sec. 22: All....    640.00  5-31-82.......  T.J. Cook:      W.W. Smith      Sam Spade 1%.  W.W. Smith
                                                     100%.           100%.                          100%.
10....  Sec. 34: All....    640.00  6-30-82.......  A.A. Aben:      Deer Oil Co.    .............  Deer Oil Co.
                                                     75%, L.P.       100%.                          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 630]]



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 \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 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

[[Page 631]]

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 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.

[[Page 632]]

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.
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 a BLM 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.

[[Page 633]]

    (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 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.

[[Page 634]]

    (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 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.

[[Page 635]]

    (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.



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

[[Page 636]]

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 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.

[[Page 637]]

    (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 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;

[[Page 638]]

    (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.



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.

[[Page 639]]

    (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 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.



PART 3195_HELIUM CONTRACTS--Table of Contents



                           General Information

Sec.
3195.10  What is the purpose of these regulations?
3195.11  What terms do I need to know to understand this subpart?
3195.12  What is an In-Kind Crude Helium Sales Contract?
3195.13  If I am a Federal helium supplier or buyer, what reports must I 
          submit to BLM?
3195.14  How should I submit reports?

                       Federal Agency Requirements

3195.20  Who must purchase major helium requirements from Federal helium 
          suppliers?
3195.21  When must I use an authorized Federal helium supplier?
3195.22  When must my contractors or subcontractors use an authorized 
          Federal helium supplier?
3195.23  How do I get a list of authorized Federal helium suppliers?
3195.24  What must I do before contacting a non-Federal helium supplier 
          for my helium needs?
3195.25  What information must be in my purchase order/contract for a 
          major helium requirement?
3195.26  What information must I report to BLM?
3195.27  What do I do if my helium requirement becomes a major helium 
          requirement after the initial determination has been made?

                  Federal Helium Supplier Requirements

3195.30  How do I apply to become a Federal helium supplier?
3195.31  What are the general terms of an In-Kind Crude Helium Sales 
          Contract?
3195.32  Where can I find a list of Federal agencies that use helium?
3195.33  What information must I report to BLM?
3195.34  What happens to my Helium Distribution Contracts?
3195.35  What happens if I have an outstanding obligation to purchase 
          refined helium under a Helium Distribution Contract?
3195.36  What happens if there is a shortage of helium?

[[Page 640]]

3195.37  Under what circumstances can BLM terminate me as an authorized 
          Federal helium supplier?

    Authority: 50 U.S.C. 167a.

    Source: 63 FR 40178, July 28, 1998, unless otherwise noted.

                           General Information



Sec. 3195.10  What is the purpose of these regulations?

    The purpose of these regulations is to establish procedures 
governing the sale of helium to Federal agencies with major helium 
requirements. In order to sell a major helium requirement to a Federal 
agency, a Federal helium supplier must be under contract with BLM to 
purchase from BLM an amount of crude helium equivalent to the amount of 
refined helium it has supplied to the Federal agency.



Sec. 3195.11  What terms do I need to know to understand this subpart?

    To understand this subpart you need to know that:
    BLM means the Bureau of Land Management, Helium Operations, United 
States Department of the Interior, Amarillo, TX 79101.
    Buyer means anyone who is purchasing refined helium for a Federal 
agency or Federal agency contractor.
    Crude helium means a helium-gas mixture containing no more than 
ninety-nine (99) percent helium by volume.
    Federal agency means any department, independent establishment, 
commission, administration, foundation, authority, board, or bureau of 
the United States, or any corporation owned, controlled, or in which the 
United States has a proprietary interest, as these terms are used in 5 
U.S.C. 101-105; 5 U.S.C. 551(1); or in 18 U.S.C. 6, but does not include 
Federal agency contractors.
    Federal helium supplier means a private helium merchant who has an 
In-Kind Crude Helium Sales Contract with an effective date of January 1, 
1998, or later, with BLM, and who has helium available for sale to:
    (1) Federal agencies; or
    (2) Private helium purchasers for use in Federal Government 
contracts.
    Helium means the element helium regardless of its physical state.
    Helium use location means the location where the major helium 
requirement will be used.
    Like (equivalent) amount of crude helium means the amount of crude 
helium measured at a pressure of 14.65 pounds per square inch absolute 
(psia) and a temperature of 60 degrees Fahrenheit (F), and rounded up to 
the nearest thousand (1,000) cubic feet, that is equivalent to a 
specified amount of refined helium measured at 14.7 psia and 70 degrees 
Fahrenheit.
    Major helium requirement means an estimated refined helium 
requirement greater than 200,000 standard cubic feet (scf) of gaseous 
helium or 7510 liters of liquid helium delivered to a helium use 
location per year.
    Standard cubic foot (SCF) means the volume of gaseous helium 
occupying one cubic foot at a pressure of 14.7 psia and a temperature of 
70 degrees Fahrenheit. One liter of liquid helium is equivalent to 26.63 
scf of gaseous helium. One U.S. gallon of liquid helium is equivalent to 
100.8 scf of gaseous helium. One pound of liquid helium is equivalent to 
96.72 scf of gaseous helium. If BLM approves, you may use appropriate 
gaseous equivalents of volumes of helium mixtures different from these 
figures.



Sec. 3195.12  What is an In-Kind Crude Helium Sales Contract?

    It is a written contract between BLM and a Federal helium supplier 
requiring that whenever a supplier sells a major helium requirement to a 
Federal agency or its contractors, the supplier must purchase a like 
amount of crude helium from BLM.



Sec. 3195.13  If I am a Federal helium supplier or buyer, 
what reports must I submit to BLM?

    In accordance with the In-Kind Crude Helium Sales Contract:
    (a) Federal helium suppliers and buyers must report the total 
itemized quarterly deliveries of major helium requirements within 45 
calendar days after the end of the previous quarter (see Secs. 3195.26 
and 3195.33).
    (b) Federal helium suppliers must report the annual cumulative 
helium delivery report by November 15 of each year (see Sec. 3195.33).

[[Page 641]]



Sec. 3195.14  How should I submit reports?

    You must submit reports by:
    (a) Mail;
    (b) Fax;
    (c) E-mail; or
    (d) Any other method to which you and BLM agree.

                       Federal Agency Requirements



Sec. 3195.20  Who must purchase major helium requirements from
Federal helium suppliers?

    (a) The Department of Defense;
    (b) The National Aeronautics and Space Administration;
    (c) The Department of Energy;
    (d) Any other Federal agency; and
    (e) Federal agency contractors.



Sec. 3195.21  When must I use an authorized Federal helium supplier?

    You must use an authorized Federal helium supplier for any major 
helium requirement.



Sec. 3195.22  When must my contractors or subcontractors use an
authorized Federal helium supplier?

    An authorized Federal helium supplier must be used whenever the 
contractor or subcontractor uses a major helium requirement in 
performance of a Federal contract.



Sec. 3195.23  How do I get a list of authorized Federal helium 
suppliers?

    You must request the list from BLM in writing.



Sec. 3195.24  What must I do before contacting a non-Federal helium 
supplier for my helium needs?

    You must make an initial determination about the annual helium 
demand for each helium use location for the expected life of the 
purchase order/contract. If the annual helium demand for a helium use 
location is a major helium requirement, it must be supplied by a Federal 
helium supplier.



Sec. 3195.25  What information must be in my purchase order/contract
for a major helium requirement?

    A purchase order/contract must state each helium use location and 
whether the anticipated demand exceeds the amount defined as a major 
helium requirement at each helium use location.



Sec. 3195.26  What information must I report to BLM?

    In accordance with the In-Kind Crude Helium Sales Contract, within 
45 days of the end of each quarter, you must report to BLM (see 
Sec. 3195.13) the following:
    (a) The name of the company from which you purchased a major helium 
requirement;
    (b) The amount of helium you purchased and the date it was 
delivered; and
    (c) The helium use location.



Sec. 3195.27  What do I do if my helium requirement becomes a major
helium requirement after the initial determination has been made?

    As soon as you determine that your forecasted demand of helium for a 
particular helium use location will become a major helium requirement, 
you must purchase your helium (for that helium use location) from an 
authorized Federal helium supplier for the remainder of the purchase 
order/contract as a major helium requirement.

                  Federal Helium Supplier Requirements



Sec. 3195.30  How do I apply to become a Federal helium supplier?

    In order to become a Federal helium supplier,
    (a) You must be a private helium merchant and demonstrate to BLM in 
writing that you have:
    (1) Adequate financial resources to pay for BLM helium and helium 
related services;
    (2) Adequate facilities and equipment to meet delivery schedules and 
quality standards required by Federal helium buyers; and
    (3) A satisfactory record of performance in the distribution of 
helium or other compressed gases.
    (b) You must fill out and execute BLM's In-Kind Crude Helium Sales 
Contract and submit it to BLM for approval.



Sec. 3195.31  What are the general terms of an In-Kind Crude Helium
Sales Contract?

    A BLM helium In-Kind Crude Helium Sales Contract requires you to:

[[Page 642]]

    (a) Deliver helium to a Federal agency specified helium use 
location;
    (b) Purchase crude helium from BLM equivalent to the amount of 
refined helium you sold to Federal agencies;
    (c) Report to BLM the amount of refined helium you sold to Federal 
agencies; and
    (d) Maintain records for inspection and audit by BLM in accordance 
with 30 U.S.C. 17.13(b).



Sec. 3195.32  Where can I find a list of Federal agencies that use helium?

    You must request from BLM in writing the list of Federal agencies 
that have purchased a major helium requirement during the past year.



Sec. 3195.33  What information must I report to BLM?

    (a) In accordance with the In-Kind Crude Helium Sales Contract, 
within 45 days of the end of each quarter, you must report to BLM (see 
Sec. 3195.13) the following:
    (1) The name of the Federal agency to which you supplied helium;
    (2) The amount of helium you delivered and the date you delivered 
it; and
    (3) The helium use location.
    (b) In accordance with the In-Kind Crude Helium Sales Contract, by 
November 15 of each year, you must report to BLM (see Sec. 3195.13) the 
following:
    (1) The name of the Federal agency to which you supplied helium; and
    (2) The cumulative amount of helium delivered during the previous 
fiscal year for each Federal agency.



Sec. 3195.34  What happens to my Helium Distribution Contracts?

    Helium Distribution Contracts between BLM and a helium distributor 
have been terminated. You must execute an In-Kind Crude Helium Sales 
Contract before you sell a major helium requirement to a Federal agency.



Sec. 3195.35  What happens if I have an outstanding obligation to 
purchase refined helium under a Helium Distribution Contract?

    If you were obligated to buy refined helium under a Helium 
Distribution Contract, your In-Kind Crude Helium Sales Contract requires 
you to buy an equivalent amount of crude helium in lieu of that 
obligation.



Sec. 3195.36  What happens if there is a shortage of helium?

    If there is a shortage of helium (either company specific or 
industry wide) which would cause you to defer helium shipments to a 
buyer, you must, in accordance with your In-Kind Crude Helium Sales 
Contract, give the United States priority over non-government 
requirements.



Sec. 3195.37  Under what circumstances can BLM terminate me as an
authorized Federal helium supplier?

    BLM has the authority to terminate you as an authorized Federal 
helium supplier for:
    (a) Nonpayment for a like amount of crude helium;
    (b) Not reporting helium deliveries according to your In-Kind Crude 
Helium Sales Contract and these regulations;
    (c) Not taking delivery of a purchase of a like amount of crude 
helium not covered by a valid helium storage contract; or
    (d) Any other breach of contract or violation of these regulations.



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

[[Page 643]]

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 RESOURCE LEASING--Table of Contents



                Subpart 3200_Geothermal Resource Leasing

Sec.
3200.1  Definitions.
3200.3  Changes in agency duties.
3200.4  What requirements must I comply with when taking any actions or 
          conducting any operations under this part?
3200.5  What are my rights of appeal?
3200.6  What types of geothermal leases will BLM issue?
3200.7  What regulations apply to geothermal leases issued before August 
          8, 2005?
3200.8  What regulations apply to leases issued in response to 
          applications pending on August 8, 2005?

                      Subpart 3201_Available Lands

3201.10  What lands are available for geothermal leasing?
3201.11  What lands are not available for geothermal leasing?

                   Subpart 3202_Lessee Qualifications

3202.10  Who may hold a geothermal lease?
3202.11  Must I prove I am qualified to hold a lease when filing an 
          application to lease?
3202.12  Are other persons allowed to act on my behalf to file an 
          application to lease?
3202.13  What happens if the applicant dies before the lease is issued?

                    Subpart 3203_Competitive Leasing

3203.5  What is the general process for obtaining a geothermal lease?
3203.10  How are lands included in a competitive sale?
3203.11  Under what circumstances may parcels be offered as a block for 
          competitive sale?
3203.12  What fees must I pay to nominate lands?
3203.13  How often will BLM hold a competitive lease sale?
3203.14  How will BLM provide notice of a competitive lease sale?
3203.15  How does BLM conduct a competitive lease sale?
3203.17  How must I make payments if I am the successful bidder?
3203.18  What happens to parcels that receive no bids at a competitive 
          lease sale?

    Subpart 3204_Noncompetitive Leasing Other Than Direct Use Leases

3204.05  How can I obtain a noncompetitive lease?
3204.10  What payment must I submit with my noncompetitive lease 
          application?
3204.11  How may I acquire a noncompetitive lease for lands that were 
          not sold at a competitive lease sale?
3204.12  How may I acquire a noncompetitive lease for lands subject to a 
          mining claim?
3204.13  How will BLM process noncompetitive lease applications pending 
          on August 8, 2005?
3204.14  May I amend my application for a noncompetitive lease?
3204.15  May I withdraw my application for a noncompetitive lease?

                     Subpart 3205_Direct Use Leasing

3205.6  When may BLM issue a direct use lease to an applicant?
3205.7  How much acreage should I apply for in a direct use lease?
3205.10  How do I obtain a direct use lease?
3205.12  How will BLM respond to direct use lease applications on lands 
          managed by another agency?
3205.13  May I withdraw my application for a direct use lease?
3205.14  May I amend my application for a direct use lease?
3205.15  How will I know whether my direct use lease will be issued?

                       Subpart 3206_Lease Issuance

3206.10  What must I do for BLM to issue a lease?
3206.11  What must BLM do before issuing a lease?
3206.12  What are the minimum and maximum lease sizes?
3206.13  What is the maximum acreage I may hold?
3206.14  How does BLM compute acreage holdings?
3206.15  How will BLM charge acreage holdings if the United States owns 
          only a fractional interest in the geothermal resources in a 
          lease?
3206.16  Is there any acreage which is not chargeable?
3206.17  What will BLM do if my holdings exceed the maximum acreage 
          limits?
3206.18  When will BLM issue my lease?

                 Subpart 3207_Lease Terms and Extensions

3207.5  What terms (time periods) apply to my lease?
3207.10  What is the primary term of my lease?
3207.11  What work am I required to perform during the first 10 years of 
          my lease for

[[Page 644]]

          BLM to grant the initial extension of the primary term of my 
          lease?
3207.12  What work am I required to perform each year for BLM to 
          continue the initial and additional extensions of the primary 
          term of my lease?
3207.13  Must I comply with the requirements of Secs. 3207.11 and 
          3207.12 when my lease overlies a mining claim?
3207.14  How do I qualify for a drilling extension?
3207.15  How do I qualify for a production extension?
3207.16  When may my lease be renewed?
3207.17  How is the term of my lease affected by commitment to a unit?
3207.18  Can my lease be extended if it is eliminated from a unit?

                Subpart 3210_Additional Lease Information

3210.10  When does lease segregation occur?
3210.11  Does a lease segregated from an agreement or plan receive any 
          benefits from unitization of the committed portion of the 
          original lease?
3210.12  May I consolidate leases?
3210.13  Who may lease or locate other minerals on the same lands as my 
          geothermal lease?
3210.14  May BLM readjust the terms and conditions in my lease?
3210.15  What if I appeal BLM's decision to readjust my lease terms?
3210.16  How must I prevent drainage of geothermal resources from my 
          lease?
3210.17  What will BLM do if I do not protect my lease from drainage?

  Subpart 3211_Filing and Processing Fees, Rent, Direct Use Fees, and 
                                Royalties

3211.10  What are the processing and filing fees for leases?
3211.11  What are the annual lease rental rates?
3211.12  How and where do I pay my rent?
3211.13  When is my annual rental payment due?
3211.14  Will I always pay rent on my lease?
3211.15  How do I credit rent towards royalty?
3211.16  Can I credit rent towards direct use fees?
3211.17  What is the royalty rate on geothermal resources produced from 
          or attributable to my lease that are used for commercial 
          generation of electricity?
3211.18  What is the royalty rate on geothermal resources produced from 
          or attributable to my lease that are used directly for 
          purposes other than commercial generation of electricity?
3211.19  What is the royalty rate on byproducts derived from geothermal 
          resources produced from or attributable to my lease?
3211.20  How do I credit advanced royalty towards royalty?
3211.21  When do I owe minimum royalty?

 Subpart 3212_Lease Suspensions, Cessation of Production, Royalty Rate 
       Reductions, and Energy Policy Act Royalty Rate Conversions

3212.10  What is the difference between a suspension of operations and 
          production and a suspension of operations?
3212.11  How do I obtain a suspension of operations or a suspension of 
          operations and production on my lease?
3212.12  How long does a suspension of operations or a suspension of 
          operations and production last?
3212.13  How does a suspension affect my lease term and obligations?
3212.14  What happens when the suspension ends?
3212.15  Will my lease remain in full force and effect if I cease 
          production and I do not have an approved suspension?
3212.16  Can I apply to BLM to reduce, suspend, or waive the royalty or 
          rental of my lease?
3212.17  What information must I submit when I request that BLM suspend, 
          reduce, or waive my royalty or rental?
3212.18  What are the production incentives for leases?
3212.19  How do I apply for a production incentive?
3212.20  How will BLM review my request for a production incentive?
3212.21  What criteria establish a qualified expansion project for the 
          purpose of obtaining a production incentive?
3212.22  What criteria establish a new facility for the purpose of 
          obtaining a production incentive?
3212.23  How will the production incentive apply to a qualified 
          expansion project?
3212.24  How will the production incentive apply to a new facility?
3212.25  Can I convert the royalty rate terms of my lease in effect 
          before August 8, 2005, to the terms of the Geothermal Steam 
          Act, as amended by the Energy Policy Act of 2005?
3212.26  How do I submit a request to modify the royalty rate terms of 
          my lease to the applicable terms prescribed in the Energy 
          Policy Act of 2005?
3212.27  How will BLM or MMS review my request to modify the lease 
          royalty rate terms?

       Subpart 3213_Relinquishment, Termination, and Cancellation

3213.10  Who may relinquish a lease?
3213.11  What must I do to relinquish a lease?

[[Page 645]]

3213.12  May BLM accept a partial relinquishment if it will reduce my 
          lease to less than 640 acres?
3213.13  When does relinquishment take effect?
3213.14  Will BLM terminate my lease if I do not pay my rent on time?
3213.15  How will BLM notify me if it terminates my lease?
3213.16  May BLM cancel my lease?
3213.17  May BLM terminate my lease for reasons other than non-payment 
          of rentals?
3213.18  When is a termination effective?
3213.19  What can I do if BLM notifies me that my lease is being 
          terminated because of a violation of the law, regulations, or 
          lease terms?

                 Subpart 3214_Personal and Surety Bonds

3214.10  Who must post a geothermal bond?
3214.11  Who must my bond cover?
3214.12  What activities must my bond cover?
3214.13  What is the minimum dollar amount required for a bond?
3214.14  May BLM increase the bond amount above the minimum?
3214.15  What kind of financial guarantee will BLM accept to back my 
          bond?
3214.16  Is there a special bond form I must use?
3214.17  Where must I submit my bond?
3214.18  Who will BLM hold liable under the lease and what are they 
          liable for?
3214.19  What are my bonding requirements when a lease interest is 
          transferred to me?
3214.20  How do I modify my bond?
3214.21  What must I do if I want to use a certificate of deposit to 
          back my bond?
3214.22  What must I do if I want to use a letter of credit to back my 
          bond?

         Subpart 3215_Bond Release, Termination, and Collection

3215.10  When may BLM collect against my bond?
3215.11  Must I replace my bond after BLM collects against it?
3215.12  What will BLM do if I do not restore the face amount or file a 
          new bond?
3215.13  Will BLM terminate or release my bond?
3215.14  When BLM releases my bond, does that end my responsibilities?

                         Subpart 3216_Transfers

3216.10  What types of lease interests may I transfer?
3216.11  Where must I file a transfer request?
3216.12  When does a transferee take responsibility for lease 
          obligations?
3216.13  What are my responsibilities after I transfer my interest?
3216.14  What filing fees and forms does a transfer require?
3216.15  When must I file my transfer request?
3216.16  Must I file separate transfer requests for each lease?
3216.17  Where must I file estate transfers, corporate mergers, and name 
          changes?
3216.18  How do I describe the lands in my lease transfer?
3216.19  May I transfer record title interest for less than 640 acres?
3216.20  When does a transfer segregate a lease?
3216.21  When is my transfer effective?
3216.22  Does BLM approve all transfer requests?

                   Subpart 3217_Cooperative Agreements

3217.10  What are unit agreements?
3217.11  What are communitization agreements?
3217.12  What does BLM need to approve my communitization agreement?
3217.13  When does my communitization agreement go into effect?
3217.14  When will BLM approve my drilling or development contract?
3217.15  What does BLM need to approve my drilling or development 
          contract?

               Subpart 3250_Exploration Operations_General

3250.10  When do the exploration operations regulations apply?
3250.11  May I conduct exploration operations on my lease, someone 
          else's lease, or unleased land?
3250.12  What general standards apply to exploration operations?
3250.13  What additional BLM orders or instructions govern exploration?
3250.14  What types of operations may I propose in my application to 
          conduct exploration?

        Subpart 3251_Exploration Operations: Getting BLM Approval

3251.10  Do I need a permit before I start exploration operations?
3251.11  What information is in a complete Notice of Intent to Conduct 
          Geothermal Resource Exploration Operations application?
3251.12  What action will BLM take on my Notice of Intent to Conduct 
          Geothermal Resource Exploration Operations?
3251.13  Once I have an approved Notice of Intent, how can I change my 
          exploration operations?
3251.14  Do I need a bond for conducting exploration operations?
3251.15  When will BLM release my bond?

[[Page 646]]

             Subpart 3252_Conducting Exploration Operations

3252.10  What operational standards apply to my exploration operations?
3252.11  What environmental requirements must I meet when conducting 
          exploration operations?
3252.12  How deep may I drill a temperature gradient well?
3252.13  How long may I collect information from my temperature gradient 
          well?
3252.14  How must I complete a temperature gradient well?
3252.15  When must I abandon a temperature gradient well?
3252.16  How must I abandon a temperature gradient well?

              Subpart 3253_Reports: Exploration Operations

3253.10  Must I share with BLM the data I collect through exploration 
          operations?
3253.11  Must I notify BLM when I have completed my exploration 
          operations?

Subpart 3254_Inspection, Enforcement, and Noncompliance for Exploration 
                               Operations

3254.10  May BLM inspect my exploration operations?
3254.11  What will BLM do if my exploration operations are not in 
          compliance with my permit, other BLM approvals or orders, or 
          the regulations in this part?

           Subpart 3255_Confidential, Proprietary Information

3255.10  Will BLM disclose information I submit under these regulations?
3255.11  When I submit confidential, proprietary information, how can I 
          help ensure it is not available to the public?
3255.12  How long will information I give BLM remain confidential or 
          proprietary?
3255.13  How will BLM treat Indian information submitted under the 
          Indian Mineral Development Act?
3255.14  How will BLM administer information concerning other Indian 
          minerals?
3255.15  When will BLM consult with Indian mineral owners when 
          information concerning their minerals is the subject of a FOIA 
          request?

         Subpart 3256_Exploration Operations Relief and Appeals

3256.10  How do I request a variance from BLM requirements that apply to 
          my exploration operations?
3256.11  How may I appeal a BLM decision regarding my exploration 
          operations?

           Subpart 3260_Geothermal Drilling Operations_General

3260.10  What types of geothermal drilling operations are covered by 
          these regulations?
3260.11  What general standards apply to my drilling operations?
3260.12  What other orders or instructions may BLM issue?

           Subpart 3261_Drilling Operations: Getting a Permit

3261.10  How do I get approval to begin well pad construction?
3261.11  How do I apply for approval for drilling operations and well 
          pad construction?
3261.12  What is an operations plan?
3261.13  What is a drilling program and how do I apply for drilling 
          program approval?
3261.14  When must I give BLM my operations plan?
3261.15  Must I give BLM my drilling permit application, drilling 
          program, and operations plan at the same time?
3261.16  Can my operations plan, drilling permit, and drilling program 
          apply to more than one well?
3261.17  How do I amend my operations plan or drilling permit?
3261.18  Do I need to file a bond with BLM before I build a well pad or 
          drill a well?
3261.19  When will BLM release my bond?
3261.20  How will BLM review applications submitted under this subpart 
          and notify me of its decision?
3261.21  How do I get approval to change an approved drilling operation?
3261.22  How do I get approval for subsequent well operations?

               Subpart 3262_Conducting Drilling Operations

3262.10  What operational requirements must I meet when drilling a well?
3262.11  What environmental requirements must I meet when drilling a 
          well?
3262.12  Must I post a sign at every well?
3262.13  May BLM require me to follow a well spacing program?
3262.14  May BLM require me to take samples or perform tests and 
          surveys?

                      Subpart 3263_Well Abandonment

3263.10  May I abandon a well without BLM's approval?
3263.11  What information must I give to BLM to approve my Sundry Notice 
          for abandoning a well?
3263.12  How will BLM review my Sundry Notice to abandon my well and 
          notify me of their decision?
3263.13  What must I do to restore the site?

[[Page 647]]

3263.14  May BLM require me to abandon a well?
3263.15  May I abandon a producible well?

                Subpart 3264_Reports_Drilling Operations

3264.10  What must I submit to BLM after I complete a well?
3264.11  What must I submit to BLM after I finish subsequent well 
          operations?
3264.12  What must I submit to BLM after I abandon a well?
3264.13  What drilling and operational records must I maintain for each 
          well?
3264.14  How do I notify BLM of accidents occurring on my lease?

  Subpart 3265_Inspection, Enforcement, and Noncompliance for Drilling 
                               Operations

3265.10  What part of my drilling operations may BLM inspect?
3265.11  What records must I keep available for inspection?
3265.12  What will BLM do if my operations do not comply with my permit 
          and applicable regulations?

           Subpart 3266_Confidential, Proprietary Information

3266.10  Will BLM disclose information I submit under these regulations?
3266.11  When I submit confidential, proprietary information, how can I 
          help ensure it is not available to the public?
3266.12  How long will information I give BLM remain confidential or 
          proprietary?

     Subpart 3267_Geothermal Drilling Operations Relief and Appeals

3267.10  How do I request a variance from any BLM requirements that 
          apply to my drilling operations?
3267.11  How may I appeal a BLM decision regarding my drilling 
          operations?

        Subpart 3270_Utilization of Geothermal Resources_General

3270.10  What types of geothermal operations are governed by these 
          utilization regulations?
3270.11  What general standards apply to my utilization operations?
3270.12  What other orders or instructions may BLM issue?

          Subpart 3271_Utilization Operations: Getting a Permit

3271.10  What do I need to start preparing a site and building and 
          testing a utilization facility on Federal land leased for 
          geothermal resources?
3271.11  Who may apply for a permit to build a utilization facility?
3271.12  What do I need to start preliminary site investigations that 
          may disturb the surface?
3271.13  How do I obtain approval to build pipelines and facilities 
          connecting the well field to utilization facilities not 
          located on Federal lands leased for geothermal resources?
3271.14  What do I need to do to start building and testing a 
          utilization facility if it is not located on Federal lands 
          leased for geothermal resources?
3271.15  How do I get a permit to begin commercial operations?

     Subpart 3272_Utilization Plan and Facility Construction Permit

3272.10  What must I submit to BLM in my utilization plan?
3272.11  How do I describe the proposed utilization facility?
3272.12  What environmental protection measures must I include in my 
          utilization plan?
3272.13  How will BLM review my utilization plan and notify me of its 
          decision?
3272.14  How do I get a permit to build or test my facility?

              Subpart 3273_How To Apply for a Site License

3273.10  When do I need a site license for a utilization facility?
3273.11  When is a site license unnecessary?
3273.12  How will BLM review my site license application?
3273.13  What lands are not available for geothermal site licenses?
3273.14  What area does a site license cover?
3273.15  What must I include in my site license application?
3273.16  What is the annual rent for a site license?
3273.17  When may BLM reassess the annual rent for my site license?
3273.18  What facility operators must pay the annual site license rent?
3273.19  What are the bonding requirements for a site license?
3273.20  When will BLM release my bond?
3273.21  What are my obligations under the site license?
3273.22  How long will my site license remain in effect?
3273.23  May I renew my site license?
3273.24  When may BLM terminate my site license?
3273.25  When may I relinquish my site license?
3273.26  When may I assign or transfer my site license?

[[Page 648]]

     Subpart 3274_Applying for and Obtaining a Commercial Use Permit

3274.10  Do I need a commercial use permit to start commercial 
          operations?
3274.11  What must I give BLM to approve my commercial use permit 
          application?
3274.12  How will BLM review my commercial use permit application?
3274.13  May I get a permit even if I cannot currently demonstrate I can 
          operate within required standards?

             Subpart 3275_Conducting Utilization Operations

3275.10  How do I change my operations if I have an approved facility 
          construction or commercial use permit?
3275.11  What are a facility operator's obligations?
3275.12  What environmental and safety requirements apply to facility 
          operations?
3275.13  How must the facility operator measure the geothermal 
          resources?
3275.14  What aspects of my geothermal operations must I measure?
3275.15  How accurately must I measure my production and utilization?
3275.16  What standards apply to installing and maintaining meters?
3275.17  What must I do if I find an error in a meter?
3275.18  May BLM require me to test for byproducts associated with 
          geothermal resource production?
3275.19  How do I apply to commingle production?
3275.20  What will BLM do if I waste geothermal resources?
3275.21  May BLM order me to drill and produce wells on my lease?

              Subpart 3276_Reports: Utilization Operations

3276.10  What are the reporting requirements for facility and lease 
          operations involving Federal geothermal resources?
3276.11  What information must I include for each well in the monthly 
          report of well operations?
3276.12  What information must I give BLM in the monthly report for 
          facility operations?
3276.13  What additional information must I give BLM in the monthly 
          report for flash and dry steam facilities?
3276.14  What information must I give BLM in the monthly report for 
          direct use facilities?
3276.15  How must I notify BLM of accidents occurring at my utilization 
          facility?

        Subpart 3277_Inspections, Enforcement, and Noncompliance

3277.10  When will BLM inspect my operations?
3277.11  What records must I keep available for inspection?
3277.12  What will BLM do if I do not comply with all BLM requirements 
          pertaining to utilization operations?

           Subpart 3278_Confidential, Proprietary Information

3278.10  When will BLM disclose information I submit under these 
          regulations?
3278.11  When I submit confidential, proprietary information, how can I 
          help ensure it is not available to the public?
3278.12  How long will information I give BLM remain confidential or 
          proprietary?

               Subpart 3279_Utilization Relief and Appeals

3279.10  When may I request a variance from BLM requirements pertaining 
          to utilization operations?
3279.11  How may I appeal a BLM decision regarding my utilization 
          operations?

    Authority: 30 U.S.C. 1001-1028; 43 U.S.C. 1701 et seq.; and Pub. L. 
109-58.

    Source: 72 FR 24400, May 2, 2007, unless otherwise noted.



                Subpart 3200_Geothermal Resource Leasing



Sec. 3200.1  Definitions.

    For purposes of this part and part 3280:
    Acquired lands means lands or mineral estates that the United States 
obtained by deed through purchase, gift, condemnation or other legal 
process.
    Act means the Geothermal Steam Act of 1970, as amended (30 U.S.C. 
1001 et seq.).
    Additional extension means the period of years added to the primary 
term of a lease beyond the first 10 years and subsequent 5-year initial 
extension of a geothermal lease. The additional extension may not exceed 
5 years.
    Byproducts are minerals (exclusive of oil, hydrocarbon gas, and 
helium), found in solution or in association with geothermal steam, that 
no person would extract and produce by themselves because they are worth 
less than

[[Page 649]]

75 percent of the value of the geothermal steam or because extraction 
and production would be too difficult.
    Casual use means activities that ordinarily lead to no significant 
disturbance of Federal lands, resources, or improvements.
    Commercial operation means delivering Federal geothermal resources, 
or electricity or other benefits derived from those resources, for sale. 
This term also includes delivering resources to the utilization point, 
if you are utilizing Federal geothermal resources for your own benefit 
and not selling energy to another entity.
    Commercial production means production of geothermal resources when 
the economic benefits from the production are greater than the cost of 
production.
    Commercial production or generation of electricity means generation 
of electricity that is sold or is subject to sale, including the 
electricity or energy that is reasonably required to produce the 
resource used in production of electricity for sale or to convert the 
resource into electrical energy for sale.
    Commercial quantities means either:
    (1) For production from a lease, a sufficient volume (in terms of 
flow and temperature) of the resource to provide a reasonable return 
after you meet all costs of production; or
    (2) For production from a unit, a sufficient volume (in terms of 
flow and temperature) of the resource to provide a reasonable return 
after you meet all costs of drilling and production.
    Commercial use permit means BLM authorization for commercially 
operating a utilization facility and/or utilizing Federal geothermal 
resources.
    Development or drilling contract means a BLM-approved agreement 
between one or more lessees and one or more entities that makes resource 
exploration more efficient and protects the public interest.
    Direct use means utilization of geothermal resources for commercial, 
residential, agricultural, public facilities, or other energy needs 
other than the commercial production or generation of electricity. 
Direct use may occur under either a regular geothermal lease or a direct 
use lease.
    Direct use lease means a lease issued noncompetitively in an area 
BLM designates as available exclusively for:
    (1) Direct use of geothermal resources, without sale; and
    (2) Purposes other than commercial generation of electricity.
    Exploration operations means any activity relating to the search for 
evidence of geothermal resources, where you are physically present on 
the land and your activities may cause damage to those lands. 
Exploration operations include, but are not limited to, geophysical 
operations, drilling temperature gradient wells, drilling holes used for 
explosive charges for seismic exploration, core drilling or any other 
drilling method, provided the well is not used for geothermal resource 
production. It also includes related construction of roads and trails, 
and cross-country transit by vehicles over public land. Exploration 
operations do not include the direct testing of geothermal resources or 
the production or utilization of geothermal resources.
    Facility construction permit means BLM permission to build and test 
a utilization facility.
    Facility operator means the person receiving BLM authorization to 
site, construct, test, and/or operate a utilization facility. A facility 
operator may be a lessee, a unit operator, or a third party.
    Geothermal drilling permit means BLM written permission to drill for 
and test Federal geothermal resources.
    Geothermal exploration permit means BLM written permission to 
conduct only geothermal exploration operations and associated surface 
disturbance activities under an approved Notice of Intent to Conduct 
Geothermal Resource Exploration Operations, and includes any necessary 
conditions BLM imposes.
    Geothermal resources operational order means a formal, numbered 
order, issued by BLM, that implements or enforces the regulations in 
this part.
    Geothermal steam and associated geothermal resources means:
    (1) All products of geothermal processes, including indigenous 
steam, hot water, and hot brines;
    (2) Steam and other gases, hot water, and hot brines resulting from 
water,

[[Page 650]]

gas, or other fluids artificially introduced into geothermal formations;
    (3) Heat or other associated energy found in geothermal formations; 
and
    (4) Any byproducts.
    Gross proceeds means gross proceeds as defined by the Minerals 
Management Service at 30 CFR 206.351.
    Initial extension means a period of years, no longer than 5 years, 
added to the primary term of a geothermal lease beyond the first 10 
years of the lease, provided certain lease obligations are met.
    Interest means ownership in a lease of all or a portion of the 
record title or operating rights.
    Known geothermal resource area (KGRA) means an area where BLM 
determines that persons knowledgeable in geothermal development would 
spend money to develop geothermal resources.
    Lessee means a person holding record title interest in a geothermal 
lease issued by BLM.
    MMS means the Minerals Management Service of the Department of the 
Interior.
    Notice to Lessees (NTL) means a written notice issued by BLM that 
implements the regulations in this part, part 3280, or geothermal 
resource operational orders, and provides more specific instructions on 
geothermal issues within a state, district, or field office. Notices to 
Lessees may be obtained by contacting the BLM State Office that issued 
the NTL.
    Operating rights (working interest) means any interest held in a 
lease with the right to explore for, develop, and produce leased 
substances.
    Operating rights owner means a person who holds operating rights in 
a lease. A lessee is an operating rights owner if the lessee did not 
transfer all of its operating rights. An operator may or may not own 
operating rights.
    Operations plan, or plan of operations means a plan which fully 
describes the location of proposed drill pad, access roads and other 
facilities related to the drilling and testing of Federal geothermal 
resources, and includes measures for environmental and other resources 
protection and mitigation.
    Operator means any person who has taken responsibility in writing 
for the operations conducted on leased lands.
    Person means an individual, firm, corporation, association, 
partnership, trust, municipality, consortium, or joint venture.
    Primary term means the first 10 years of a lease, not including any 
periods of suspension.
    Produced or utilized in commercial quantities means the completion 
of a well that:
    (1) Produces geothermal resources in commercial quantities; or
    (2) Is capable of producing geothermal resources in commercial 
quantities so long as BLM determines that diligent efforts are being 
made toward the utilization of the geothermal resource.
    Public lands means the same as defined in 43 U.S.C. 1702(e).
    Record title means legal ownership of a geothermal lease established 
in BLM's records.
    Relinquishment means the lessee's voluntary action to end the lease 
in whole or in part.
    Secretary means the Secretary of the Interior or the Secretary's 
delegate.
    Site license means BLM's written authorization to site a utilization 
facility on leased Federal lands.
    Stipulation means additional conditions BLM attaches to a lease or 
permit.
    Sublease means the lessee's conveyance of its interests in a lease 
to an operating rights owner. A sublessee is responsible for complying 
with all terms, conditions, and stipulations of the lease.
    Subsequent well operations are those operations done to a well after 
it has been drilled. Examples of subsequent well operations include: 
cleaning the well out, surveying it, performing well tests, chemical 
stimulation, running a liner or another casing string, repairing 
existing casing, or converting the well from a producer to an injector 
or vice versa.
    Sundry notice is your written request to perform work not covered by 
another type of permit, or to change operations in your previously 
approved permit.

[[Page 651]]

    Surface management agency means any Federal agency, other than BLM, 
that is responsible for managing the surface overlying Federally-owned 
minerals.
    Temperature gradient well means a well authorized under a geothermal 
exploration permit drilled in order to obtain information on the change 
in temperature over the depth of the well.
    Transfer means any conveyance of an interest in a lease by 
assignment, sublease, or otherwise.
    Unit agreement means an agreement to explore for, produce and 
utilize separately-owned interests in geothermal resources as a single 
consolidated unit. A unit agreement defines how costs and benefits will 
be allocated among the holders of interest in the unit area.
    Unit area means all tracts committed to an approved unit agreement.
    Unit operator means the person who has stated in writing to BLM that 
the interest owners of the committed leases have designated it as 
operator of the unit area.
    Unitized substances means geothermal resources recovered from lands 
committed to a unit agreement.
    Utilization Plan or plan of utilization means a plan which fully 
describes the utilization facility, including measures for environmental 
protection and mitigation.
    Waste means:
    (1) Physical waste, including refuse; or
    (2) Improper use or unnecessary dissipation of geothermal resources 
through inefficient drilling, production, transmission, or utilization.



Sec. 3200.3  Changes in agency duties.

    There are many leases and agreements currently in effect, and that 
will remain in effect, involving Federal geothermal resources leases 
that 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 Manager, Deputy Conservation Manager, Minerals 
Manager, and Deputy Minerals Manager. Those references must now be read 
to mean either the Bureau of Land Management or the Minerals Management 
Service, as appropriate. In addition, many leases and agreements 
specifically refer to 30 CFR part 270 or a specific section of that 
part. Effective December 3, 1982, references in such leases and 
agreements to 30 CFR part 270 should be read as references to this part 
3200, which is the successor regulation to 30 CFR part 270.



Sec. 3200.4  What requirements must I comply with when taking any 
actions or conducting any operations under this part?

    When you are taking any actions or conducting any operations under 
this part, you must comply with:
    (a) The Act and the regulations of this part;
    (b) Geothermal resource operational orders;
    (c) Notices to lessees;
    (d) Lease terms and stipulations;
    (e) Approved plans and permits;
    (f) Conditions of approval;
    (g) Verbal orders from BLM that will be confirmed in writing;
    (h) Other instructions from BLM; and
    (i) Any other applicable laws and regulations.



Sec. 3200.5  What are my rights of appeal?

    (a) If you are adversely affected by a BLM decision under this part, 
you may appeal that decision under parts 4 and 1840 of this title.
    (b) All BLM decisions or approvals under this part are immediately 
effective and remain in effect while appeals are pending unless a stay 
is granted in accordance with Sec. 4.21(b) of this title.



Sec. 3200.6  What types of geothermal leases will BLM issue?

    BLM will issue two types of geothermal leases:
    (a) Geothermal leases (competitively issued under subpart 3203 or 
noncompetitively issued under subpart 3204) which may be used for any 
type of geothermal use, such as commercial generation of electricity or 
direct use of the resource.
    (b) Direct use leases (issued under subpart 3205).

[[Page 652]]



Sec. 3200.7  What regulations apply to geothermal leases issued
before August 8, 2005?

    (a) General applicability. (1) Leases issued before August 8, 2005, 
are subject to this part and part 3280, except that such leases are 
subject to the BLM regulations in effect on August 8, 2005 (43 CFR parts 
3200 and 3280 (2004)), with regard to regulatory provisions relating to 
royalties, minimum royalties, rentals, primary term and lease 
extensions, diligence and annual work requirements, and renewals.
    (2) The lessee of a lease issued before August 8, 2005, may elect to 
be subject to all of the regulations in this part and part 3280, without 
regard to the exceptions in paragraph (a)(1) of this section. Such an 
election must occur no later than December 1, 2008. Any such election as 
it pertains to lease terms relating to royalty rates must be made under 
the royalty rate conversion provisions of subpart 3212. A lessee must 
obtain a royalty conversion under subpart 3212 to make an election under 
this paragraph effective.
    (b) Royalty rate conversion and production incentives. The lessee of 
a lease issued before August 8, 2005, may:
    (1) Choose to convert lease terms relating to royalty rates under 
subpart 3212; or
    (2) If it does not convert lease terms relating to royalty rates, 
apply for a production incentive under subpart 3212 (if eligible under 
that subpart).
    (c) Two year extension. The lessee of a lease issued before August 
8, 2005, may apply to extend a lease that was within 2 years of the end 
of its term on August 8, 2005, for up to 2 years to allow achievement of 
production under the lease or to allow the lease to be included in a 
producing unit.



Sec. 3200.8  What regulations apply to leases issued in response 
to applications pending on August 8, 2005?

    (a) Any leases issued in response to applications that were pending 
on August 8, 2005, are subject to this part and part 3280, except that 
such leases are subject to the BLM regulations in effect on August 8, 
2005 (43 CFR parts 3200 and 3280 (2004)), with regard to regulatory 
provisions relating to royalties, minimum royalties, rentals, primary 
term and lease extensions, diligence and annual work requirements, and 
renewals.
    (b)(1) The lessee of a lease issued pursuant to an application that 
was pending on August 8, 2005, may elect to be subject to all of the 
regulations in this part and part 3280, without regard to the exceptions 
in paragraph (a) of this section.
    (2) For leases issued on or after August 8, 2005, and before June 1, 
2007, an election under paragraph (b)(1) of this section must occur no 
later than December 1, 2008.
    (3) For leases issued on or after June 1, 2007, the lease applicant 
must make its election under paragraph (b)(1) of this section and notify 
BLM before the lease is issued.



                      Subpart 3201_Available Lands



Sec. 3201.10  What lands are available for geothermal leasing?

    (a) BLM may issue leases on:
    (1) Lands administered by the Department of the Interior, including 
public and acquired lands not withdrawn from such use;
    (2) Lands administered by the Department of Agriculture with its 
concurrence;
    (3) Lands conveyed by the United States where the geothermal 
resources were reserved to the United States; and
    (4) Lands subject to Section 24 of the Federal Power Act, as amended 
(16 U.S.C. 818), with the concurrence of the Secretary of Energy.
    (b) If your activities under your lease or permit might adversely 
affect a significant thermal feature of a National Park System unit, BLM 
will include stipulations to protect this thermal feature in your lease 
or permit. These stipulations will be added, if necessary, when your 
lease or permit is issued, extended, renewed or modified.



Sec. 3201.11  What lands are not available for geothermal leasing?

    BLM will not issue leases for:
    (a) Lands where the Secretary has determined that issuing the lease 
would cause unnecessary or undue degradation of public lands and 
resources;

[[Page 653]]

    (b) Lands contained within a unit of the National Park System, or 
otherwise administered by the National Park Service;
    (c) Lands within a National Recreation Area;
    (d) Lands where the Secretary determines after notice and comment 
that geothermal operations, including exploration, development or 
utilization of lands, are reasonably likely to result in a significant 
adverse effect on a significant thermal feature within a unit of the 
National Park System;
    (e) Fish hatcheries or wildlife management areas administered by the 
Secretary;
    (f) Indian trust or restricted lands within or outside the 
boundaries of Indian reservations;
    (g) The Island Park Geothermal Area; and
    (h) Lands where Section 43 of the Mineral Leasing Act (30 U.S.C. 
226-3) prohibits geothermal leasing, including:
    (1) Wilderness areas or wilderness study areas administered by BLM 
or other surface management agencies;
    (2) Lands designated by Congress as wilderness study areas, except 
where the statute designating the study area specifically allows leasing 
to continue; and
    (3) Lands within areas allocated for wilderness or further planning 
in Executive Communication 1504, Ninety-Sixth Congress (House Document 
96-119), unless such lands are allocated to uses other than wilderness 
by a land and resource management plan or are released to uses other 
than wilderness by an Act of Congress.



                   Subpart 3202_Lessee Qualifications



Sec. 3202.10  Who may hold a geothermal lease?

    You may hold a geothermal lease if you are:
    (a) A United States citizen who is at least 18 years old;
    (b) An association of United States citizens, including a 
partnership;
    (c) A corporation organized under the laws of the United States, any 
state or the District of Columbia; or
    (d) A domestic governmental unit.



Sec. 3202.11  Must I prove I am qualified to hold a lease when filing
an application to lease?

    You do not need to submit proof that you are qualified to hold a 
lease under Sec. 3202.10 at the time you submit an application to lease, 
but BLM may ask you in writing for information about your qualifications 
at any time. You must submit the additional information to BLM within 30 
days after you receive the request.



Sec. 3202.12  Are other persons allowed to act on my behalf to file
an application to lease?

    Another person may act on your behalf to file an application to 
lease. The person acting for you must be qualified to hold a lease under 
Sec. 3202.10, and must do the following:
    (a) Sign the application;
    (b) State his or her title;
    (c) Identify you as the person he or she is acting for; and
    (d) Provide written proof of his or her qualifications and authority 
to take such action, if BLM requests it.



Sec. 3202.13  What happens if the applicant dies before the lease
is issued?

    If the applicant dies before the lease is issued, BLM will issue the 
lease to either the administrator or executor of the estate or the 
heirs. If the heirs are minors, BLM will issue the lease to either a 
legal guardian or trustee, provided that the legal guardian or trustee 
is qualified to hold a lease under Sec. 3202.10.



                    Subpart 3203_Competitive Leasing



Sec. 3203.5  What is the general process for obtaining a geothermal
lease?

    (a) The competitive geothermal leasing process consists of the 
following steps:
    (1)(i) Entities interested in geothermal development nominate lands 
by submitting to BLM descriptions of lands they seek to be included in a 
lease sale; or
    (ii) BLM may include land in a competitive lease sale on its own 
initiative.

[[Page 654]]

    (2) BLM provides notice of the parcels to be offered, and the time, 
location, and process for participating in the lease sale.
    (3) BLM holds the lease sale and offers leases to the successful 
bidder.
    (b) BLM will issue geothermal leases to the highest responsible 
qualified bidder after a competitive leasing process, except for 
situations where noncompetitive leasing is allowed under subparts 3204 
and 3205, which include:
    (1) Lease applications pending on August 8, 2005;
    (2) Lands for which no bid was received in a competitive lease sale;
    (3) Direct use lease applications for which no competitive interest 
exists; and
    (4) Lands subject to mining claims.



Sec. 3203.10  How are lands included in a competitive sale?

    (a) A qualified company or individual may nominate lands for 
competitive sale by submitting an applicable BLM nomination form.
    (b) A nomination is a description of lands that you seek to be 
included in one lease. Each nomination may not exceed 5,120 acres, 
unless the area to be leased includes an irregular subdivision. Your 
nomination must provide a description of the lands nominated by legal 
land description.
    (1) For lands surveyed under the public land rectangular survey 
system, describe the lands to the nearest aliquot part within the legal 
subdivision, section, township, and range;
    (2) For unsurveyed lands, describe the lands by metes and bounds, 
giving courses and distances, and tie this information to an official 
corner of the public land surveys, or to a prominent topographic 
feature;
    (3) For approved protracted surveys, include an entire section, 
township, and range. Do not divide protracted sections into aliquot 
parts;
    (4) For unsurveyed lands in Louisiana and Alaska that have water 
boundaries, discuss the description with BLM before submission; and
    (5) For fractional interest lands, identify the United States 
mineral ownership by percentage.
    (c) You may submit more than one nomination, as long as each 
nomination separately satisfies the requirements of paragraph (b) of 
this section and includes the filing fee specified in Sec. 3203.12.
    (d) BLM may reconfigure lands to be included in each parcel offered 
for sale.
    (e) BLM may include land in a lease sale on its own initiative.



Sec. 3203.11  Under what circumstances may parcels be offered
as a block for competitive sale?

    (a) As part of your nomination, you may request that lands be 
offered as a block at competitive sale by:
    (1) Specifying that the lands requested will be associated with a 
project or unit: and
    (2) Including information to support your request. BLM may require 
that you provide additional information.
    (b) BLM may offer parcels as a block in response to a request under 
paragraph (a) of this section or on its own initiative. BLM will offer 
parcels as a block only if information is available to BLM indicating 
that a geothermal resource that could be produced as one unit can 
reasonably be expected to underlie such parcels.



Sec. 3203.12  What fees must I pay to nominate lands?

    Submit with your nomination a filing fee for nominations of lands as 
found in the fee schedule in Sec. 3000.12 of this chapter.



Sec. 3203.13  How often will BLM hold a competitive lease sale?

    BLM will hold a competitive lease sale at least once every 2 years 
for lands available for leasing in a state that has nominations pending. 
A sale may include lands in more than one state. BLM may hold a 
competitive lease sale in a state that has no nominations pending.



Sec. 3203.14  How will BLM provide notice of a competitive lease
sale?

    (a) The lands available for competitive lease sale under this 
subpart will be described in a Notice of Competitive Geothermal Lease 
Sale, which will include:
    (1) The lease sale format and procedures;

[[Page 655]]

    (2) The time, date, and place of the lease sale; and
    (3) Stipulations applicable to each parcel.
    (b) At least 45 days before conducting a competitive lease sale, BLM 
will post the Notice in the BLM office having jurisdiction over the 
lands to be offered, and make it available for posting to surface 
managing agencies having jurisdiction over any of the included lands.
    (c) BLM may take other measures of notification for the competitive 
sale such as:
    (1) Issuing news releases;
    (2) Notifying interested parties of the lease sale;
    (3) Publishing notice in the newspaper; or
    (4) Posting the list of parcels on the Internet.



Sec. 3203.15  How does BLM conduct a competitive lease sale?

    (a) BLM will offer parcels for competitive bidding as specified in 
the sale notice.
    (b) The winning bid will be the highest bid by a qualified bidder.
    (c) You may not withdraw a bid. Your bid constitutes a legally 
binding commitment by you.
    (d) BLM will reject all bids and re-offer a parcel if:
    (1) BLM determines that the high bidder is not qualified; or
    (2) The high bidder fails to make all payments required under 
Sec. 3203.17.



Sec. 3203.17  How must I make payments if I am the successful bidder?

    (a) You must make payments by personal check, cashier's check, 
certified check, bank draft, or money order payable to the ``Department 
of the Interior--Bureau of Land Management'' or by other means deemed 
acceptable by BLM.
    (b) By the close of official business hours on the day of the sale 
or such other time as BLM may specify, you must submit for each parcel:
    (1) Twenty percent of the bid;
    (2) The total amount of the first year's rental; and
    (3) The processing fee for competitive lease applications found in 
the fee schedule in Sec. 3000.12 of this chapter.
    (c) Within 15 calendar days after the last day of the sale, you must 
submit the balance of the bid to the BLM office conducting the sale.
    (d) If you fail to make all payments required under this section, or 
fail to meet the qualifications in Sec. 3202.10, BLM will revoke 
acceptance of your bid and keep all money that has been submitted.



Sec. 3203.18  What happens to parcels that receive no bids at
a competitive lease sale?

    Lands offered at a competitive lease sale that receive no bids will 
be available for leasing in accordance with subpart 3204.



    Subpart 3204_Noncompetitive Leasing Other Than Direct Use Leases



Sec. 3204.5  How can I obtain a noncompetitive lease?

    (a) Lands offered at a competitive lease sale that receive no bids 
will be available for noncompetitive leasing for a 2-year period 
beginning the first business day following the sale.
    (b) You may obtain a noncompetitive lease for lands available 
exclusively for direct use of geothermal resources, under subpart 3205.
    (c) The holder of a mining claim may obtain a noncompetitive lease 
for lands subject to the mining claim under Sec. 3204.12.
    (d) If your lease application was pending on August 8, 2005, you may 
obtain a noncompetitive lease under the leasing process in effect on 
that date, unless you notify BLM in writing that you elect for the lease 
application to be subject to the competitive leasing process specified 
in this subpart. If you elect for your lease application to be subject 
to the competitive leasing process in this subpart, your application 
will be considered a nomination for future competitive lease offerings 
for the lands in your application. An election made under this paragraph 
is not the same as an election made under Sec. 3200.8.

[[Page 656]]



Sec. 3204.10  What payment must I submit with my noncompetitive lease
application?

    Submit the processing fee for noncompetitive lease applications 
found in the fee schedule in Sec. 3000.12 of this chapter for each lease 
application, and an advance rent in the amount of $1 per acre (or 
fraction of an acre). BLM will refund the advance rent if we reject the 
lease application or if you withdraw the lease application before BLM 
accepts it. If the advance rental payment you send is less than 90 
percent of the correct amount, BLM will reject the lease application.



Sec. 3204.11  How may I acquire a noncompetitive lease for lands that 
were not sold at a competitive lease sale?

    (a) For a 2-year period following a competitive lease sale, you may 
file a noncompetitive lease application for lands on which no bids were 
received, on a form available from BLM. Submit 2 executed copies of the 
applicable form to BLM. At least one form must have an original 
signature. We will accept only exact copies of the form on one 2-sided 
page.
    (1) For 30 days after the competitive geothermal lease sale, 
noncompetitive applications will be accepted only for parcels as 
configured in the Notice of Competitive Geothermal Lease Sale.
    (2) Subsequent to the 30-day period specified in paragraph (a)(1) of 
this section, you may file a noncompetitive application for any 
available lands covered by the competitive lease sale.
    (b)(1) All applications for a particular parcel under this section 
will be considered simultaneously filed if received in the proper BLM 
office any time during the first business day following the competitive 
lease sale. You may submit only one application per parcel. An 
application will not be available for public inspection the day it is 
filed. BLM will randomly select an application among those accepted on 
the first business day to receive a lease offer.
    (2) Subsequent to the first business day following the competitive 
lease sale, the first qualified applicant to submit an application will 
be offered the lease. If BLM receives simultaneous applications as to 
date and time for overlapping lands, BLM will randomly select one to 
receive a lease offer.



Sec. 3204.12  How may I acquire a noncompetitive lease for lands
subject to a mining claim?

    If you hold a mining claim for which you have a current approved 
plan of operations, you may file a noncompetitive lease application for 
lands within the mining claim, on a form available from BLM. Submit two 
(2) executed copies of the applicable form to BLM, together with 
documentation of mining claim ownership and the current approved plan of 
operations for the mine. At least one form must have an original 
signature. We will accept only exact copies of the form on one 2-sided 
page.



Sec. 3204.13  How will BLM process noncompetitive lease applications 
pending on August 8, 2005?

    Noncompetitive lease applications pending on August 8, 2005, will be 
processed under policies and procedures existing on that date unless the 
applicant notifies BLM in writing that it elects for the lease 
application to be subject to the competitive leasing process specified 
in this subpart, in which case the application will be considered a 
nomination for future competitive lease offerings for the lands in the 
application.



Sec. 3204.14  May I amend my application for a noncompetitive lease?

    You may amend your application for a noncompetitive lease at any 
time before we issue the lease, provided your amended application meets 
the requirements in this subpart and does not add lands not included in 
the original application. To add lands, you must file a new application.



Sec. 3204.15  May I withdraw my application for a noncompetitive 
lease?

    During the 30-day period after the competitive lease sale, BLM will 
only accept a withdrawal of the entire application. Following that 30-
day period, you may withdraw your noncompetitive lease application in 
whole or in part at any time before BLM issues the lease. If a partial 
withdrawal causes

[[Page 657]]

your lease application to contain less than the minimum acreage required 
under Sec. 3206.12, BLM will reject the application.



                     Subpart 3205_Direct Use Leasing



Sec. 3205.6  When may BLM issue a direct use lease to an applicant?

    (a) BLM may issue a direct use lease to an applicant if the 
following conditions are satisfied:
    (1) The lands included in the lease application are open for 
geothermal leasing;
    (2) BLM determines that the lands are appropriate for exclusive 
direct use operations, without sale, for purposes other than commercial 
generation of electricity;
    (3) The acreage covered by the lease application is not greater than 
the quantity of acreage that is reasonably necessary for the proposed 
use;
    (4) BLM has published a notice of the land proposed for a direct use 
lease for 90 days before issuing the lease;
    (5) During the 90-day period beginning on the date of publication, 
BLM did not receive any nomination to include the lands in the next 
competitive lease sale following that period for which the lands would 
be eligible;
    (6) BLM determines there is no competitive interest in the resource; 
and
    (7) The applicant is the first qualified applicant.
    (b) If BLM determines that the land for which an applicant has 
applied under this subpart is open for geothermal leasing and is 
appropriate only for exclusive direct use operations, but determines 
that there is competitive interest in the resource, it will include the 
land in a competitive lease sale with lease stipulations limiting 
operations to exclusive direct use.



Sec. 3205.7  How much acreage should I apply for in a direct use
lease?

    You should apply for only the amount of acreage that is necessary 
for your intended operation. A direct use lease may not cover more than 
the quantity of acreage that BLM determines is reasonably necessary for 
the proposed use. In no case may a direct use lease exceed 5,120 acres, 
unless the area to be leased includes an irregular subdivision.



Sec. 3205.10  How do I obtain a direct use lease?

    (a) You may file an application for a direct use lease for any lands 
on which BLM manages the geothermal resources, on a form available from 
BLM. You may not sell the geothermal resource and you may not use it for 
the commercial generation of electricity.
    (b) In your application, you must also provide information that will 
allow BLM to determine how much acreage is reasonably necessary for your 
proposed use, including:
    (1) A description of all anticipated structures, facilities, wells, 
and pipelines including their size, location, function, and associated 
surface disturbance;
    (2) A description of the utilization process;
    (3) A description and analysis of anticipated reservoir production, 
injection, and characteristics to the extent required by BLM; and
    (4) Any additional information or data that we may require.
    (c) Submit with your application the nonrefundable processing fee 
for noncompetitive lease applications found in the fee schedule in 
Sec. 3000.12 of this chapter for each direct use lease application.



Sec. 3205.12  How will BLM respond to direct use lease applications
on lands managed by another agency?

    BLM will respond to a direct use lease application on lands managed 
by another surface management agency by forwarding the application to 
that agency for its review. If that agency consents to lease issuance 
and recommends that the lands are appropriate for direct use operations, 
without sale, for purposes other than commercial generation of 
electricity, BLM will consider that consent and recommendation in 
determining whether to issue the lease. BLM may not issue a lease 
without the consent of the surface management agency.

[[Page 658]]



Sec. 3205.13  May I withdraw my application for a direct use lease?

    You may withdraw your application for a direct use lease any time 
before issuance of a lease.



Sec. 3205.14  May I amend my application for a direct use lease?

    You may amend your application for a direct use lease at any time 
before we issue the lease, provided your amended application meets the 
requirements in this subpart and does not add lands. To add lands, you 
must file a new application.



Sec. 3205.15  How will I know whether my direct use lease will be 
issued?

    (a) If BLM decides to issue you a direct use lease, it will do so in 
accordance with this subpart and subpart 3206.
    (b) If BLM decides to deny your application for a direct use lease, 
it will advise you of its decision in writing.



                       Subpart 3206_Lease Issuance



Sec. 3206.10  What must I do for BLM to issue a lease?

    Before BLM issues any lease, you must:
    (a) Accept all lease stipulations;
    (b) Make all required payments to BLM;
    (c) Sign a unit joinder or waiver, if applicable; and
    (d) Comply with the maximum limit on acreage holdings (see 
Secs. 3206.12 and 3206.16).



Sec. 3206.11  What must BLM do before issuing a lease?

    For all leases, BLM must:
    (a) Determine that the land is available; and
    (b) Determine that your lease development will not have a 
significant adverse impact on any significant thermal feature within any 
of the following units of the National Park System:
    (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) Any other significant thermal features within National Park 
System units that the Secretary may add to the list of these features, 
in accordance with 30 U.S.C. 1026(a)(3).



Sec. 3206.12  What are the minimum and maximum lease sizes?

    Other than for direct use leases (the size for which is addressed in 
Sec. 3205.7), the smallest lease we will issue is 640 acres, or all 
lands available for leasing in the section, whichever is less. The 
largest lease we will issue is 5,120 acres, unless the area to be leased 
includes an irregular subdivision. A lease must embrace a reasonably 
compact area.



Sec. 3206.13  What is the maximum acreage I may hold?

    You may not directly or indirectly hold more than 51,200 acres in 
any one state.



Sec. 3206.14  How does BLM compute acreage holdings?

    BLM computes acreage holdings as follows:
    (a) If you own an undivided lease interest, your acreage holdings 
include the total lease acreage:
    (b) If you own stock in a corporation or a beneficial interest in an 
association which holds a geothermal lease, your acreage holdings will 
include your proportionate part of the corporation's or association's 
share of the total lease acreage. This paragraph applies only if you own 
more than 10 percent of the

[[Page 659]]

corporate stock or a beneficial interest in the association; and
    (c) If you own a lease interest, you will be charged with the 
proportionate share of the total lease acreage based on your share of 
the lease ownership. You will not be charged twice for the same acreage 
where you own both record title and operating rights for the lease. For 
example, if you own 50 percent record title interest in a 640 acre lease 
and 25 percent operating rights, you are charged with 320 acres.



Sec. 3206.15  How will BLM charge acreage holdings if the United States
owns only a fractional interest in the geothermal resources in a lease?

    Where the United States owns only a fractional interest in the 
geothermal resources of the lands in a lease, BLM will only charge you 
with the part owned by the United States as acreage holdings. For 
example, if you own 100 percent of record title in a 100 acre lease, and 
the United States owns 50 percent of the mineral estate, you are charged 
with 50 acres.



Sec. 3206.16  Is there any acreage which is not chargeable?

    BLM does not count leased acreage included in any approved unit 
agreement, drilling contract, or development contract as part of your 
total state acreage holdings.



Sec. 3206.17  What will BLM do if my holdings exceed the maximum
acreage limits?

    BLM will notify you in writing if your acreage holdings exceed the 
limit in Sec. 3206.13. You have 90 days from the date you receive the 
notice to reduce your holdings to within the limit. If you do not 
comply, BLM will cancel your leases, beginning with the lease most 
recently issued, until your holdings are within the limit.



Sec. 3206.18  When will BLM issue my lease?

    BLM issues your lease the day we sign it. Your lease goes into 
effect the first day of the next month after the issuance date.



                 Subpart 3207_Lease Terms and Extensions



Sec. 3207.5  What terms (time periods) apply to my lease?

    Your lease may include a number of different time periods. Not every 
time period applies to every lease. These periods include:
    (a) A primary term consisting of:
    (1) Ten years;
    (2) An initial extension of the primary term for up to 5 years;
    (3) An additional extension of the primary term for up to 5 years;
    (b) A drilling extension of 5 years under Sec. 3207.14;
    (c) A production extension of up to 35 years; and
    (d) A renewal period of up to 55 years.



Sec. 3207.10  What is the primary term of my lease?

    (a) Leases have a primary term of 10 years.
    (b) BLM will extend the primary term for 5 years if:
    (1) By the end of the 10th year of the primary term in paragraph 
(a), you have satisfied the requirements in Sec. 3207.11; and
    (2) At the end of each year after the 10th year of the lease, you 
have satisfied the requirements in Sec. 3207.12(a) or (d) for that year.
    (c) BLM will extend the primary term for 5 additional years if:
    (1) You satisfied the requirements of Sec. 3207.12(b) or (d); and
    (2) At the end of each year of the second 5-year extension you 
satisfy the requirements in Sec. 3207.12(c) or (d) for that year.
    (d) If you do not satisfy the annual requirements during the initial 
or additional extension of your primary term, your lease terminates or 
expires.



Sec. 3207.11  What work am I required to perform during the first 10
years of my lease for BLM to grant the initial extension of the
primary term of my lease?

    (a) By the end of the 10th year, you must expend a minimum of $40 
per acre in development activities that provide additional geologic or 
reservoir information, such as:

[[Page 660]]

    (1) Geologic investigation and analysis;
    (2) Drilling temperature gradient wells;
    (3) Core drilling;
    (4) Geochemical or geophysical surveys;
    (5) Drilling production or injection wells;
    (6) Reservoir testing; or
    (7) Other activities approved by BLM.
    (b) In lieu of the work requirement in paragraph (a) of this 
section, you may:
    (1) Make a payment to BLM equivalent to the required work 
expenditure such that the total of the payment and the value of the work 
you perform equals $40 per acre (or fraction thereof) of land included 
in your lease; or
    (2) Submit documentation to BLM that you have produced or utilized 
geothermal resources in commercial quantities.
    (c) Prior to the end of the 10th year of the primary term, you must 
submit detailed information to BLM demonstrating that you have complied 
with paragraph (a) or (b) of this section. Describe the activities by 
type, location, date(s) conducted, and the dollar amount spent on those 
operations. Include all geologic information obtained from your 
activities in your report. Submit additional information that BLM 
requires to determine compliance within the timeframe that we specify. 
We must approve the type of work done and the expenditures claimed in 
your report before we can credit them toward your requirements.
    (d) If you do not perform development activities, make payments, or 
document production or utilization as required by this section, your 
lease will expire at the end of the 10-year primary term.
    (e) If you complied with paragraph (c) of this section, but BLM has 
not determined by the end of the 10th year whether you have complied 
with the requirements of paragraph (a) or (b) of this section, upon 
request we will suspend your lease effective immediately before its 
expiration in order to determine your compliance. If we determine that 
you have complied, we will lift the suspension and grant the first 5-
year extension of the primary term effective on the first day of the 
month following our determination of compliance. If we determine that 
you have not complied, we will terminate the suspension and your lease 
will expire upon the date of the termination of the suspension.
    (f) Every 3 calendar years the dollar amount of the work 
requirements and the amount to be paid in lieu of such work required by 
this section will automatically be updated. The update will be based on 
the change in the Implicit Price Deflator-Gross Domestic Product for 
those 3 years.



Sec. 3207.12  What work am I required to perform each year for BLM 
to continue the initial and additional extensions of the primary 
term of my lease?

    (a) To continue the initial extension of the primary term of your 
lease, in each of lease years 11, 12, 13, and 14, you must expend a 
minimum of $15 per acre (or fraction thereof) per year in development 
activities that establish a geothermal potential or confirm the 
existence of producible geothermal resources. Such activities include, 
but are not limited to:
    (1) Geologic investigation and analysis;
    (2) Drilling temperature gradient wells;
    (3) Core drilling;
    (4) Geochemical or geophysical surveys;
    (5) Drilling production or injection wells;
    (6) Reservoir testing; or
    (7) Other activities approved by BLM.
    (b) For BLM to grant the additional extension of the primary term of 
your lease, in year 15 you must expend a minimum of $15 per acre (or 
fraction thereof) in development activities that provide additional 
geologic or reservoir information, such as those described in paragraph 
(a) of this section.
    (c) To continue the additional extension of the primary term of your 
lease, in each of lease years 16, 17, 18, and 19, you must expend a 
minimum of $25 per acre (or fraction thereof) per year in development 
activities that provide additional geologic or reservoir information, 
such as those described in paragraph (a) of this section.
    (d) In lieu of the work requirements in paragraphs (a), (b), and (c) 
of this section, you may:

[[Page 661]]

    (1) Submit documentation to BLM that you have produced or utilized 
geothermal resources in commercial quantities; or
    (2) Make a payment to BLM equivalent to the required annual work 
expenditure such that the total of the payment and the value of the work 
you perform equals $15 or $25 per acre per year of land included in your 
lease, as applicable. BLM may limit the number of years that it will 
accept such payments if it determines that further payments in lieu of 
the work requirements would impair achievement of diligent development 
of the geothermal resources.
    (e) Under paragraph (a) or paragraph (b) of this section, if you 
expend an amount greater than the amount specified, you may apply any 
payment in excess of the specified amount to any subsequent year within 
the applicable 5-year extension of the primary term. An excess payment 
during the first 5-year extension period may not be applied to any year 
within the second 5-year extension period.
    (f) You must submit information to BLM showing that you have 
complied with the applicable requirements in this section no later than:
    (1) 60 days after the end of years 11, 12, 13, and 14;
    (2) 60 days before the end of year 15; and
    (3) 60 days after the end of years 16, 17, 18, and 19.
    (g) In your submission, describe your activities by type, location, 
date(s) conducted, and the dollar amount spent on those operations. 
Include all geologic information obtained from your activities in your 
report. We must approve the type of work done and the expenditures 
claimed in your report before we can credit them toward your 
requirements. We will notify you if you have not met the requirements.
    (h) If you do not comply with the requirements of this section in 
any year of a 5-year extension of the primary term, BLM will terminate 
your lease at the end of that year unless you qualify for a drilling 
extension under Sec. 3207.13.
    (i) Every three calendar years the dollar amount of the work 
requirements and the amount to be paid in lieu of such work required by 
this section will automatically be updated. The update will be based on 
the change in the Implicit Price Deflator-Gross Domestic Product for 
those three years.



Sec. 3207.13  Must I comply with the requirements of Secs. 3207.11
and 3207.12 when my lease overlies a mining claim?

    (a) BLM will exempt you from complying with the requirements of 
Secs. 3207.11 and 3207.12 when you demonstrate to BLM that:
    (1) The mining claim has a plan of operations approved by the 
appropriate Federal land management agency; and
    (2) Your development of the geothermal resource on the lease would 
interfere with the mining operations.
    (b) The exemption provided under paragraph (a) of this section 
expires upon termination of the mining operations.



Sec. 3207.14  How do I qualify for a drilling extension?

    (a) BLM will extend your lease for 5 years under a drilling 
extension if at the end of the 10th year or any subsequent year of the 
initial or additional extension of the primary term you:
    (1) Have not met the requirements that you must satisfy for BLM to 
grant or to continue the initial or additional extensions of your 
primary lease term under Sec. 3207.12, or your lease is in its 20th 
year;
    (2) Commenced drilling a well before the end of such year for the 
purposes of testing or producing a geothermal reservoir; and
    (3) Are diligently drilling to a target that BLM determines is 
adequate, based on the local geology and type of development you 
propose.
    (b) The drilling extension is effective on the first day following 
the expiration or termination of the primary term.
    (c) At the end of your drilling extension, your lease will expire 
unless you qualify for a production extension under Sec. 3207.15.

[[Page 662]]



Sec. 3207.15  How do I qualify for a production extension?

    (a) BLM will grant a production extension of up to 35 years, if you 
are producing or utilizing geothermal resources in commercial 
quantities.
    (b) Before granting a production extension, BLM must determine that 
you:
    (1) Have a well that is actually producing geothermal resources in 
commercial quantities; or
    (2)(i) Have completed a well that is capable of producing geothermal 
resources in commercial quantities; and
    (ii) Are making diligent efforts toward utilization of the resource.
    (c) To qualify for a production extension under paragraph (b)(2) of 
this section, unless BLM specifies otherwise you must demonstrate on an 
annual basis that you are making diligent efforts toward utilization of 
the resource.
    (d) BLM will make the determinations required under paragraphs 
(b)(1) and (b)(2)(i) of this section based on the information you 
provide under subparts 3264 and 3276 and any other information that BLM 
may require you to submit.
    (e) For BLM to make the determination required under paragraph 
(b)(2)(ii) of this section, you must provide BLM with information, such 
as:
    (1) Actions you have taken to identify and define the geothermal 
resource on your lease;
    (2) Actions you have taken to negotiate marketing arrangements, 
sales contracts, drilling agreements, or financing for electrical 
generation and transmission projects;
    (3) Current economic factors and conditions that would affect the 
decision of a prudent operator to produce or utilize geothermal 
resources in commercial quantities on your lease; and
    (4) Other actions you have taken, such as obtaining permits, 
conducting environmental studies, and meeting permit requirements.
    (f) Your production extension will begin on the first day of the 
month following the end of the primary term (including the initial and 
additional extensions) or the drilling extension.
    (g) Your production extension will continue for up to 35 years as 
long as the geothermal resource is being produced or utilized in 
commercial quantities. If you fail to produce or utilize geothermal 
resources in commercial quantities, BLM will terminate your lease unless 
you meet the conditions set forth in Sec. 3212.15 or Sec. 3213.19.



Sec. 3207.16  When may my lease be renewed?

    You have a preferential right to renew your lease for a second term 
of up to 55 years, under such terms and conditions as BLM deems 
appropriate, if at the end of the production extension you are producing 
or utilizing geothermal resources in commercial quantities and the lands 
are not needed for any other purpose. The renewal term will continue for 
up to 55 years if you produce or utilize geothermal resources in 
commercial quantities and satisfy other terms and conditions BLM 
imposes.



Sec. 3207.17  How is the term of my lease affected by commitment
to a unit?

    (a) If your lease is committed to a unit agreement and its term 
would expire before the unit term would, BLM may extend your lease to 
match the term of the unit. We will do this if unit development has been 
diligently pursued while your lease is committed to the unit.
    (b) To extend the term of a lease committed to a unit, the unit 
operator must send BLM a request for lease extension at least 60 days 
before the lease expires showing that unit development has been 
diligently pursued. BLM may require additional information.
    (c) Within 30 days after receiving your complete extension request, 
BLM will notify the unit operator whether we approve.



Sec. 3207.18  Can my lease be extended if it is eliminated from a unit?

    If your lease is eliminated from a unit under Sec. 3283.6, it is 
eligible for an extension if it meets the requirements for such 
extension.

[[Page 663]]



                Subpart 3210_Additional Lease Information



Sec. 3210.10  When does lease segregation occur?

    (a) Lease segregation occurs when:
    (1) A portion of a lease is committed to a unit agreement while 
other portions are not committed; or
    (2) Only a portion of a lease remains in a participating area when 
the unit contracts. The portions of the lease outside the participating 
area are eliminated from the unit agreement and segregated as of the 
effective date of the unit contraction.
    (b) BLM will assign the original lease serial number to the portion 
within the agreement. BLM will give the lease portion outside the 
agreement a new serial number, and the same lease terms as the original 
lease.



Sec. 3210.11  Does a lease segregated from an agreement or plan 
receive any benefits from unitization of the committed portion of
the original lease?

    The new segregated lease stands alone and does not receive any of 
the benefits provided to the portion committed to the unit. We will not 
give you an extension for the eliminated portion of the lease based on 
status of the lands committed to the unit, including production in 
commercial quantities or the existence of a producible well.



Sec. 3210.12  May I consolidate leases?

    BLM may approve your consolidation of two or more adjacent leases 
that have the same ownership and same lease terms, including expiration 
dates, if the combined leases do not exceed the size limitations in 
Sec. 3206.12. We may consolidate leases that have different stipulations 
if all other lease terms are the same. You must include the processing 
fee for lease consolidations found in the fee schedule in Sec. 3000.12 
of this chapter with your request to consolidate leases.



Sec. 3210.13  Who may lease or locate other minerals on the same 
lands as my geothermal lease?

    Anyone may lease or locate other minerals on the same lands as your 
geothermal lease. The United States reserves the ownership of and the 
right to extract helium, oil, and hydrocarbon gas from all geothermal 
steam and associated geothermal resources. In addition, BLM allows 
mineral leasing or location on the same lands that are leased for 
geothermal resources, provided that operations under the mineral leasing 
or mining laws do not unreasonably interfere with or endanger your 
geothermal operations.



Sec. 3210.14  May BLM readjust the terms and conditions in my lease?

    (a)(1) Except for rentals and royalties (readjustments of which are 
addressed in paragraph (b) of this section, BLM may readjust the terms 
and conditions of your lease 10 years after you begin production of 
geothermal resources from your lease, and at not less than 10-year 
intervals thereafter, under the procedures of paragraphs (c), (d), and 
(e) of this section.
    (2) If another Federal agency manages the lands' surface, we will 
ask that agency to review the related terms and conditions and propose 
any readjustments. Once BLM and the surface managing agency reach 
agreement and the surface managing agency approves the proposed 
readjustment, we will follow the procedures in paragraphs (c), (d), and 
(e) of this section.
    (b) BLM may readjust your lease rentals and royalties at not less 
than 20-year intervals beginning 35 years after we determine that your 
lease is producing geothermal resources in commercial quantities. BLM 
will not increase your rentals or royalties by more than 50 percent over 
the rental or royalties you paid before the readjustment.
    (c) BLM will give you a written proposal to readjust the rentals, 
royalties, or other terms and conditions of your lease. You will have 30 
days after you receive the proposal to file with BLM an objection in 
writing to the proposed new terms and conditions.
    (d) If you do not object in writing or relinquish your lease, you 
will conclusively be deemed to have agreed to the proposed new terms and 
conditions. BLM will issue a written decision setting the date that the 
new terms and conditions become effective as part of

[[Page 664]]

your lease. This decision will be in full force and effect under its own 
terms, and you are not authorized to appeal the BLM decision to the 
Office of Hearings and Appeals.
    (e)(1) If you file a timely objection in writing, BLM may issue a 
written decision making the readjusted terms and conditions effective no 
sooner than 90 days after we receive your objections, unless we reach an 
agreement with you as to the readjusted terms and conditions of your 
lease that makes them effective sooner.
    (2) If BLM does not reach an agreement with you by 60 days after we 
receive your objections, then either the lessee or BLM may terminate 
your lease, upon giving the other party 30 days' notice in writing. A 
termination under this paragraph does not affect your obligations that 
accrued under the lease when it was in effect, including those specified 
in Sec. 3200.4.



Sec. 3210.15  What if I appeal BLM's decision to readjust my lease 
terms?

    If you appeal BLM's decision under Sec. 3210.14(e)(1) to readjust 
the rentals, royalties, or other terms and conditions of your lease, the 
decision is effective during the appeal. If you win your appeal and we 
must change our decision, you will receive a refund or credit for any 
overpaid rents or royalties.



Sec. 3210.16  How must I prevent drainage of geothermal resources 
from my lease?

    You must prevent the drainage of geothermal resources from your 
lease by diligently drilling and producing wells that protect the 
Federal geothermal resource from loss caused by production from other 
properties.



Sec. 3210.17  What will BLM do if I do not protect my lease from 
drainage?

    BLM will determine the amount of geothermal resources drained from 
your lease. MMS will bill you for a compensatory royalty based on our 
findings. This royalty will equal the amount you would have paid for 
producing those resources. All interest owners in a lease are jointly 
and severally liable for drainage protection and any compensatory 
royalties.



  Subpart 3211_Filing and Processing Fees, Rent, Direct Use Fees, and 
                                Royalties



Sec. 3211.10  What are the processing and filing fees for leases?

    (a) Processing or filing fees are required for the following 
actions:
    (1) Nomination of lands for competitive leasing;
    (2) Competitive lease application;
    (3) Noncompetitive lease application (including application for 
direct use leases);
    (4) Assignment and transfer of record title or operating right;
    (5) Name change, corporate merger, or transfer to heir/devisee;
    (6) Lease consolidation;
    (7) Lease reinstatement;
    (8) Site license application; and
    (9) Assignment or transfer of site license.
    (b) The amounts of these fees can be found in Sec. 3000.12 of this 
chapter.

[72 FR 24400, May 2, 2007, as amended at 72 FR 50887, Sept. 5, 2007]



Sec. 3211.11  What are the annual lease rental rates?

    (a) BLM calculates annual rent based on the amount of acreage 
covered by your lease. To determine lease acreage for this section, 
round up any partial acreage up to the next whole acre. For example, the 
annual rent on a 2,456.39 acre lease is calculated based on 2,457 acres.
    (b) For leases issued on or after August 8, 2005 (other than leases 
issued in response to applications that were pending on that date for 
which no election is made under Sec. 3200.8(b)(1)), and for leases 
issued before August 8, 2005, for which an election is made under 
Sec. 3200.7(a)(2), the rental rate is as follows:
    (1) If you obtained your lease through a competitive lease sale, 
then your annual rent is $2 per acre for the first year, and $3 per acre 
for the second through tenth year;
    (2) If you obtained your lease noncompetitively, then your annual 
rent is $1 per acre for the first 10 years; and
    (3) After the tenth year, your annual rent will be $5 per acre, 
regardless of whether you obtained your lease

[[Page 665]]

through a competitive lease sale or noncompetitively.
    (c) For leases issued before August 8, 2005, for which no election 
is made under Sec. 3200.7(a)(2), and for leases issued in response to 
applications pending on that date for which no election is made under 
Sec. 3200.8(b)(1), the rental rate is the rate prescribed in the 
regulations in effect on August 8, 2005 (43 CFR 3211.10 (2004)).
    (d) For leases in which the United States owns only a fractional 
interest in the geothermal resources, BLM will prorate the rents 
established in paragraphs (a), (b), and (c) of this section, based on 
the fractional interest owned by the United States. For example, if the 
United States owns 50 percent of the geothermal resources in a 640 acre 
lease, you pay rent based on 320 acres.



Sec. 3211.12  How and where do I pay my rent?

    (a) First year. Pay BLM the first year's rent in advance. You may 
use a personal check, cashier's check, or money order made payable to 
the Department of the Interior--Bureau of Land Management. You may also 
make payments by credit card or electronic funds transfer with our prior 
approval.
    (b) Subsequent years. For all subsequent years, make your rental 
payments to MMS. See MMS regulations at 30 CFR part 218.



Sec. 3211.13  When is my annual rental payment due?

    Your rent is always due in advance. MMS must receive your annual 
rental payment by the anniversary date of the lease each year. See the 
MMS regulations at 30 CFR part 218, which explain when MMS considers a 
payment as received. If less than a full year remains on a lease, you 
must still pay a full year's rent by the anniversary date of the lease. 
For example, the rent on a 2,000-acre lease for the 11th year, would be 
$10,000 ($5 per acre), due prior to the 10th anniversary of the lease.



Sec. 3211.14  Will I always pay rent on my lease?

    (a) For leases issued on or after August 8, 2005 (other than leases 
issued in response to applications that were pending on that date for 
which no election is made under Sec. 3200.8(b)(1)), and for leases 
issued before August 8, 2005, for which an election is made under 
Sec. 3200.7(a)(2), you must always pay rental, whether you are in a unit 
or outside of a unit, whether your lease is in production or not, and 
whether royalties or direct use fees apply to your production.
    (b) For leases issued before August 8, 2005, for which no election 
is made under Sec. 3200.7(a)(2), and for leases issued in response to 
applications pending on that date for which no election is made under 
Sec. 3200.8(b)(1), you must pay rent for all the lands in your lease 
until:
    (1) Your lease achieves production in commercial quantities, at 
which time you pay royalties; or
    (2) Lands in your lease are within the participating area of a unit 
agreement or cooperative plan, at which time you pay rent for lands 
outside the participating area and pay royalties for lands within the 
participating area.



Sec. 3211.15  How do I credit rent towards royalty?

    You may credit rental towards royalty under MMS regulations at 30 
CFR 218.303.



Sec. 3211.16  Can I credit rent towards direct use fees?

    No. You may not credit rental towards direct use fees. See MMS 
regulations at 30 CFR 218.304.



Sec. 3211.17  What is the royalty rate on geothermal resources
produced from or attributable to my lease that are used for commercial
generation of electricity?

    (a) For leases issued on or after August 8, 2005 (other than leases 
issued in response to applications that were pending on that date for 
which the lessee does not make an election under Sec. 3200.8(b)(1)), the 
royalty rate is the rate prescribed in this paragraph.
    (1) If you or your affiliate sell(s) electricity generated by use of 
geothermal resources produced from or attributed to your lease, then:
    (i) For the first 10 years of production, the royalty rate is 1.75 
percent;
    (ii) After the first 10 years of production, the royalty rate is 3.5 
percent; and

[[Page 666]]

    (iii) You must apply the rate established under this paragraph to 
the gross proceeds derived from the sale of electricity under applicable 
MMS rules at 30 CFR part 206, subpart H.
    (2) If you or your affiliate sell(s) geothermal resources produced 
from or attributed to your lease at arm's length to a purchaser who uses 
those resources to generate electricity, then the royalty rate is 10 
percent. You must apply that rate to the gross proceeds derived from the 
arm's-length sale of the geothermal resources under applicable MMS rules 
at 30 CFR part 206, subpart H.
    (b) For leases issued before August 8, 2005, whose royalty terms are 
modified to the terms prescribed in the Energy Policy Act of 2005 under 
Sec. 3212.25, BLM will establish royalty rates under paragraphs (b)(1) 
and (b)(2) of this section.
    (1) For leases that, prior to submitting a request to modify the 
royalty rate terms of the lease under section 3212.26, produced 
geothermal resources for the commercial generation of electricity, or to 
which geothermal resource production for the commercial generation of 
electricity was attributed:
    (i) If you or your affiliate uses geothermal resources produced from 
or attributed to your lease to generate and sell electricity, BLM will 
establish a rate on a case-by-case basis that it expects will yield 
total royalty payments over the life of the lease equivalent to those 
that would have been paid under the royalty rate in effect for the lease 
before August 5, 2005. The rate is not limited to the range of rates 
specified in 30 U.S.C. 1004(a)(1). You must apply the rate that BLM 
establishes to the gross proceeds derived from the sale of electricity 
under applicable MMS rules at 30 CFR part 206, subpart H.
    (ii) If you or your affiliate sells geothermal resources produced 
from or attributed to your lease at arm's length to a purchaser who uses 
those resources to generate electricity, the royalty rate is the rate 
specified in the lease instrument. You must apply that rate to the gross 
proceeds derived from the arm's-length sale of the geothermal resources 
under applicable MMS rules at 30 CFR part 206, subpart H.
    (2) For leases that, prior to submitting a request to modify the 
royalty rate terms of the lease under section 3212.26, did not produce 
geothermal resources for the commercial generation of electricity, and 
to which geothermal resource production for the commercial generation of 
electricity was not attributed, BLM will establish royalty rates equal 
to those set forth in paragraph (a)(1) or (a)(2) of this section, 
whichever is applicable.
    (c) For leases issued before August 8, 2005, whose royalty terms are 
not modified to the terms prescribed in the Energy Policy Act of 2005 
under Sec. 3212.25, and for leases issued in response to applications 
pending on that date for which the lessee does not make an election 
under Sec. 3200.8(b)(1), the royalty rate is the rate prescribed in the 
lease instrument.



Sec. 3211.18  What is the royalty rate on geothermal resources
produced from or attributable to my lease that are used directly
for purposes other than commercial generation of electricity?

    (a) For leases issued on or after August 8, 2005 (other than leases 
issued in response to applications that were pending on that date for 
which the lessee does not make an election under Sec. 3200.8(b)), and 
for leases issued before August 8, 2005, whose royalty terms are 
modified to the terms prescribed in the Energy Policy Act of 2005 under 
Sec. 3212.25:
    (1) If you or your affiliate use(s) the geothermal resources 
directly and do(es) not sell those resources at arm's length, no royalty 
rate applies. Instead, you must pay direct use fees according to a 
schedule published by MMS under MMS regulations at 30 CFR 206.356.
    (2) If you or your affiliate sell(s) the geothermal resources at 
arm's length to a purchaser who uses the resources for purposes other 
than commercial generation of electricity, your royalty rate is 10 
percent. You must apply that royalty rate to the gross proceeds derived 
from the arm's-length sale under applicable MMS regulations at 30 CFR 
part 206, subpart H.
    (3) If you are a lessee and you are a state, tribal, or local 
government, no royalty rate applies. Instead you must

[[Page 667]]

pay a nominal fee established under MMS rules at 30 CFR 206.366.
    (b) For leases issued before August 8, 2005, whose royalty terms are 
not modified to the terms prescribed in the Energy Policy Act of 2005 
under Sec. 3212.25, and for leases issued in response to applications 
pending on that date for which the lessee does not make an election 
under Sec. 3200.8(b), the royalty rate is the rate prescribed in the 
lease instrument.
    (c) For purposes of this section, direct use of geothermal resources 
includes generation of electricity that is not sold commercially and 
that is used solely for the operation of a facility unrelated to 
commercial electrical generation.



Sec. 3211.19  What is the royalty rate on byproducts derived from 
geothermal resources produced from or attributable to my lease?

    (a) For leases issued on or after August 8, 2005 (other than leases 
issued in response to applications that were pending on that date for 
which no election is made under Sec. 3200.8(b)(1)), and for leases 
issued before August 8, 2005, for which an election is made under 
Sec. 3200.7(a)(2):
    (1) The royalty rate for byproducts derived from geothermal resource 
production that are identified in Section 1 of the Mineral Leasing Act 
(MLA), as amended (30 U.S.C. 181), is the royalty rate that is 
prescribed in the MLA or in the regulations implementing the MLA for 
production of that mineral under a lease issued under the MLA; and
    (2) For a byproduct that is not identified in 30 U.S.C. 181, no 
royalty is due.
    (b) For leases issued before August 8, 2005, for which no election 
is made under Sec. 3200.7(a)(2), and for leases issued in response to 
applications pending on that date for which no election is made under 
Sec. 3200.8(b)(1), the royalty on all byproducts is the rate prescribed 
in the lease instrument, or if none is prescribed in the lease 
instrument, the rate prescribed in 43 CFR 3211.10(b) (2004).



Sec. 3211.20  How do I credit advanced royalty towards royalty?

    You may credit advanced royalty toward royalty under MMS regulations 
at 30 CFR 218.305(c).



Sec. 3211.21  When do I owe minimum royalty?

    (a) You do not owe minimum royalties for:
    (1) Leases issued on or after August 8, 2005 (other than for leases 
issued in response to applications that were pending on that date for 
which no election is made under Sec. 3200.8(b)(1)); and
    (2) Leases issued before August 8, 2005, for which an election is 
made under Sec. 3200.7(a)(2).
    (b) For leases issued before August 8, 2005, for which no election 
is made under Sec. 3200.7(a)(2), and for leases issued in response to 
applications pending on that date for which no election is made under 
Sec. 3200.8(b)(1), you owe minimum royalty of $2.00 per acre (to be paid 
to MMS) when:
    (1) You have not begun actual production following the BLM's 
determination that you have a well capable of commercial production; or
    (2) The value of actual production is so low that royalty you would 
pay under the scheduled rate is less than $2.00 per acre (this applies 
to situations of no production, as long as the lease remains in effect).



 Subpart 3212_Lease Suspensions, Cessation of Production, Royalty Rate 
       Reductions, and Energy Policy Act Royalty Rate Conversions



Sec. 3212.10  What is the difference between a suspension of 
operations and production and a suspension of operations?

    (a) A suspension of operations and production is a temporary relief 
from production obligations which you may request from BLM. Under this 
paragraph you must cease all operations on your lease.
    (b) A suspension of operations is when BLM orders you, to stop 
production temporarily in the interest of conservation.

[[Page 668]]



Sec. 3212.11  How do I obtain a suspension of operations or a 
suspension of operations and production on my lease?

    (a) If you are the operator, you may request in writing that BLM 
suspend your operations and production for a producing lease. Your 
request must fully describe why you need the suspension. BLM will 
determine if your suspension is justified and, if so, will approve it.
    (b) BLM may suspend your operations on any lease in the interest of 
conservation.
    (c) A suspension under this section may include leases committed to 
an approved unit agreement. If leases committed to a unit are suspended, 
the unit operator must continue to satisfy unit terms and obligations, 
unless BLM also suspends unit terms and obligations, in whole or in 
part, under subpart 3287.



Sec. 3212.12  How long does a suspension of operations or a suspension
of operations and production last?

    (a) BLM will state in your suspension notice how long your 
suspension of operations or operations and production is effective.
    (b) During a suspension, you may ask BLM in writing to terminate 
your suspension. You may not unilaterally terminate a suspension that 
BLM ordered. A suspension of operations and production that we approved 
upon your request will automatically terminate when you begin or resume 
authorized production or drilling operations.
    (c) If we receive information showing that you must resume 
operations to protect the interests of the United States, we will 
terminate your suspension and order you to resume production.
    (d) If a suspension terminates, you must resume paying rents and 
royalty (see Sec. 3212.14).



Sec. 3212.13  How does a suspension affect my lease term and 
obligations?

    (a) If BLM approves a suspension of operations and production:
    (1) Your lease term is extended by the length of time the suspension 
is in effect; and
    (2) You are not required to drill, produce geothermal resources, or 
pay rents or royalties during the suspension. We will suspend your 
obligation to pay lease rents or royalties beginning the first day of 
the month following the date the suspension is effective.
    (b) If BLM orders you to suspend your operations;
    (1) Your lease term is extended by the length of time the suspension 
is in effect; and
    (2) Your lease rental or royalty obligations are not suspended, 
except that BLM may suspend your rental or royalty obligations if you 
will be denied all beneficial use of your lease during the period of the 
suspension.



Sec. 3212.14  What happens when the suspension ends?

    When the suspension ends, you must resume rental and royalty 
payments that were suspended, beginning on the first day of the lease 
month after BLM terminates the suspension. You must pay the full rental 
amount due on or before the next lease anniversary date. If you do not 
make the rental payments on time, BLM will refund your balance and 
terminate the lease.



Sec. 3212.15  Will my lease remain in effect if I cease production
and I do not have an approved suspension?

    In the absence of a suspension issued under Sec. 3212.11, if you 
cease production for more than one calendar month on a lease that is 
subject to royalties and that has achieved commercial production 
(through actual or allocated production), your lease will remain in 
effect only if the circumstances described in paragraphs (a), (b), or 
(c) of this section apply:
    (a)(1) For leases issued on or after August 8, 2005 (other than 
leases issued in response to applications pending on that date for which 
no election is made under Sec. 3200.8(b)(1)), and for leases issued 
before August 8, 2005, for which an election is made under 
Sec. 3200.7(a)(2), your lease will remain in effect if, during the 
period in which there is no production, you continue to pay a monthly 
advanced royalty under MMS regulations at 30 CFR 218.305. This option is 
available only for an aggregate of 10

[[Page 669]]

years (120 months, whether consecutive or not).
    (2) For leases issued before August 8, 2005, for which no election 
is made under Sec. 3200.7(a)(2), and for leases issued in response to 
applications pending on August 8, 2005, for which no election is made 
under Sec. 3200.8(b)(1), your lease will remain in effect if, during the 
period in which there is no production you:
    (i) Continue to make minimum royalty payments as specified in 
Sec. 3211.21(b) of this part;
    (ii) Maintain a well capable of production in commercial quantities;
    (iii) Continue to make diligent efforts to utilize the geothermal 
resource; and
    (iv) Satisfy any other applicable requirements.
    (b) The Secretary:
    (1) Requires or causes the cessation of production; or
    (2) Determines that the cessation in production is required or 
otherwise caused by:
    (i) The Secretary of the Air Force, Army, or Navy;
    (ii) A state or a political subdivision of a state; or
    (iii) Force majeure.
    (c) The discontinuance of production is caused by the performance of 
maintenance necessary to maintain operations. Such maintenance is 
considered a production activity, not a cessation of production, and 
maintenance may include activities such as overhauling your power plant, 
re-drilling or re-working wells that are critical to plant operation, or 
repairing and improving gathering systems or transmission lines, that 
necessitate the discontinuation of production. You must obtain BLM 
approval by submitting a Geothermal Sundry Notice if the activity will 
require more than one calendar month, for it to be classified as 
maintenance under this paragraph. The BLM must receive the Geothermal 
Sundry Notice before the end of the first calendar month in which there 
will be no production.



Sec. 3212.16  Can I apply to BLM to reduce, suspend, or waive the 
royalty or rental of my lease?

    (a) You may apply for a suspension, reduction, or waiver of your 
rent or royalty for any lease or portion thereof. BLM may grant your 
request in the interest of conservation and to encourage the greatest 
ultimate recovery of geothermal resources, if we determine that:
    (1) Granting the request is necessary to promote development; or
    (2) You cannot successfully operate the lease under its current 
terms.
    (b) BLM will not approve a rental or royalty reduction, suspension, 
or waiver unless all rental or royalty interest owners other than the 
United States accept a similar reduction, suspension, or waiver.



Sec. 3212.17  What information must I submit when I request that
BLM suspend, reduce, or waive my royalty or rental?

    (a) Your request for suspension, reduction, or waiver of the royalty 
or rental must include all information BLM needs to determine if the 
lease can be operated under its current terms, including:
    (1) The type of reduction you seek;
    (2) The serial number of your lease;
    (3) The names and addresses of the lessee and operator;
    (4) The location and status of wells;
    (5) A summary of monthly production from your lease; and
    (6) A detailed statement of expenses and costs.
    (b) If you are applying for a royalty or rental reduction, 
suspension, or waiver, you must also provide to BLM a list of names of 
royalty and rental interest owners other than the United States, the 
amounts of royalties or payments out of production and rent paid to 
them, and every effort you have made to reduce these payments.



Sec. 3212.18  What are the production incentives for leases?

    You will receive a production incentive in the form of a temporary 
50 percent reduction in your royalties under MMS regulations at 30 CFR 
218.307 if:
    (a) Your lease was in effect prior to August 8, 2005;

[[Page 670]]

    (b) You do not convert the royalty rates of your lease under 
Sec. 3212.25;
    (c) By August 7, 2011, production from or allocated to your lease is 
utilized for commercial production in a:
    (1) New facility (see Sec. 3212.22); or
    (2) Qualified expansion project (see Sec. 3212.21); and
    (d) The production from your lease is used for the commercial 
generation of electricity.



Sec. 3212.19  How do I apply for a production incentive?

    Submit to BLM a written request for a production incentive 
describing a project that may qualify as a new facility or qualified 
expansion project. Identify whether you are requesting that the project 
be considered as a new facility (see Sec. 3212.22) or as a qualified 
expansion project (see Sec. 3212.21) and explain why your project 
qualifies under these regulations. The request must be received no later 
than August 7, 2011.



Sec. 3212.20  How will BLM review my request for a production
incentive?

    (a) BLM will review your request on a case-by-case basis to 
determine whether your project meets the criteria for a qualified 
expansion project under Sec. 3212.21 or a new facility under 
Sec. 3212.22. If it does not meet the criteria for the type of project 
you requested, we will determine whether it meets the criteria for the 
other type of production incentive project.
    (b) If BLM determines that you have a qualified expansion project, 
we will, as part of our approval, provide you with a schedule of monthly 
target net generation amounts that you must exceed to qualify for the 
production incentive. These amounts will quantify the required 10 
percent increase in net generation over the projected net generation 
without the project. The schedule will be specific to the facility or 
facilities that are affected by the project and will cover the 48-month 
time period during which your production incentive may apply.
    (c) If BLM determines that you have met the criteria for a new 
facility, we will provide you with written notification of this 
determination.



Sec. 3212.21  What criteria establish a qualified expansion project
for the purpose of obtaining a production incentive?

    A qualified expansion project must meet the following criteria:
    (a) It must involve substantial capital expenditure. Examples 
include the drilling of additional wells, retrofitting existing wells 
and collection systems to increase production rates, retrofitting 
turbines or power plant components to increase efficiency, adding 
additional generation capacity to existing plants, and enhanced recovery 
projects such as augmented injection. Projects that are not associated 
with substantial capital expenditure, such as opening production valves 
and operating existing equipment at higher rates, do not qualify as 
expansion projects.
    (b) The project must have the potential to increase the net 
generation by more than 10 percent over the projected generation without 
the project, using data from the previous 5 years. If 5 years of data 
are not available, it is not a qualified expansion project.



Sec. 3212.22  What criteria establish a new facility for the purpose
of obtaining a production incentive?

    (a) Criteria for determining whether a project is a new facility for 
the purpose of obtaining a production incentive include:
    (1) The project requires a new site license or facility construction 
permit if it is on Federal lands;
    (2) The project requires a new Commercial Use Permit;
    (3) The project includes at least one new turbine-generator unit;
    (4) The project involves a new sales contract;
    (5) The project involves a new site or substantially larger 
footprint; and
    (6) The project is not contiguous to an existing project.
    (b) Generally, a new facility will not:
    (1) Be permitted only with a Geothermal Drilling Permit;
    (2) Be constructed entirely within the footprint of an existing 
facility; or
    (3) Involve only well-field projects such as drilling new wells, 
increasing injection, and enhanced recovery projects.

[[Page 671]]



Sec. 3212.23  How will the production incentive apply to a qualified
expansion project?

    (a) The production incentive will begin on the first day of the 
month following the commencement of commercial operation of the 
qualified expansion project. The incentive will be in effect for up to 
48 consecutive months, applicable only to those months in which the 
actual generation from the facility or facilities affected by the 
project exceeds the target generation established by BLM. The amount of 
the production incentive is established in MMS regulations at 30 CFR 
218.307.
    (b) The production incentive will apply only to the increase in net 
generation. The increase in generation for any month in which the 
production incentive is in effect will be determined as follows:
[GRAPHIC] [TIFF OMITTED] TR02MY07.002

where:

i is a month for which a production incentive is in effect;
DGi is the increase in generation for month i to which the production 
          incentive applies;
Ga,i is the actual generation in month i;
1t,i is the target generation in month i, as provided in 
Sec. 3212.19(b).



Sec. 3212.24  How will the production incentive apply to a new facility?

    (a) If BLM determines that your project qualifies as a new facility, 
the production incentive will begin on the first day of the month 
following the commencement of commercial operations at that facility, 
and will be in effect for 48 consecutive months. The incentive applies 
to the entire commercial generation of electricity from the new 
facility.
    (b) The amount of the production incentive is established in MMS 
regulations at 30 CFR 218.307.



Sec. 3212.25  Can I convert the royalty rate terms of my lease in
effect before August 8, 2005, to the terms of the Geothermal Steam
Act, as amended by the Energy Policy Act of 2005?

    (a) If a lease was in effect before August 8, 2005, the lessee may 
submit to BLM a request to modify the royalty rate terms of your lease 
to the applicable royalty rate or direct use fee terms prescribed in the 
Geothermal Steam Act as amended by the Energy Policy Act of 2005. You 
may withdraw your request before it is granted, but once you accept the 
new terms, you may not revert to the earlier royalty rates. If your 
request to modify is granted, the new royalty rate or direct use fees 
will apply to all geothermal resources produced from your lease for as 
long as your lease remains in effect. A modification under this section 
does not affect the royalty rate for byproducts.
    (b)(1) The royalty rate for leases whose terms are modified and 
production from which is used for commercial generation of electricity 
is prescribed in Sec. 3211.17(b).
    (2) The direct use fees or royalty rate for leases whose terms are 
modified and production from which is used directly for purposes other 
than commercial generation of electricity is prescribed in 
Sec. 3211.18(a) of this part and MMS regulations at 30 CFR 206.356.



Sec. 3212.26  How do I submit a request to modify the royalty rate 
terms of my lease to the applicable terms prescribed in the Energy 
Policy Act of 2005?

    (a) You must submit a written request to BLM that contains the 
serial numbers of the leases whose terms you wish to modify and:
    (1) For direct use operations, any other information that BLM may 
require; or
    (2) For commercial electrical generation operations, for each month 
during the 10-year period preceding the date of your request (or from 
when electrical generation operations began if less than 10 years before 
the date of your request):
    (i) The gross proceeds received by you or your affiliate from the 
sale of electricity;
    (ii) The amount of royalty paid;
    (iii) The amount of generating and transmission deductions 
subtracted from the gross proceeds to derive the royalty value if you 
are using the geothermal netback procedure under MMS regulations to 
calculate royalty value; and

[[Page 672]]

    (iv) Any other information that BLM may require.
    (b) BLM must receive your request no later than:
    (1) For leases whose geothermal resource production is used directly 
for purposes other than commercial generation of electricity, 18 months 
after the effective date of the schedule of fees established by MMS 
under 30 CFR 206.356(b); or
    (2) For leases whose geothermal resource production is used for 
commercial generation of electricity, December 1, 2008.



Sec. 3212.27  How will BLM or MMS review my request to modify the 
lease royalty rate terms?

    After you submit your request to modify the royalty rate terms under 
Sec. 3212.25, BLM will:
    (a) Review your application, and if BLM determines that:
    (1) Your application is complete and contains all necessary 
information, we will notify you of the date on which your complete 
request was received; or
    (2) Your request is not complete or does not contain all necessary 
information, we will notify you of the additional information that is 
required;
    (b) Analyze the data you submitted to establish a royalty rate if 
the geothermal resources are used for commercial electrical generation;
    (c) Consult with MMS and any state or local governments that may be 
affected by the change in royalty rate terms; and
    (d)(1) No later than 140 days after the day on which we determine a 
complete request with all necessary information was received, BLM will 
send you written notification of the proposed royalty rate that BLM 
determines to be revenue neutral.
    (2) If you reject the proposed rate, we must receive written 
notification from you no later than 30 days after the date of your 
receipt of our notification. BLM will accept a faxed notification 
received within the 30-day time limit. However, following the fax, you 
must submit to BLM written notification which BLM must receive no later 
than the 179th day following the day on which BLM determines we received 
your complete request.
    (3) If you reject the proposed royalty rate on a timely basis:
    (i) BLM will not issue a decision modifying the royalty rate terms 
of your lease;
    (ii) The existing royalty rate terms in your lease continue to 
apply; and
    (iii) You may not reapply for a royalty rate term conversion under 
Sec. 3212.25.
    (4) Unless timely written notification is received from you 
rejecting the proposed rate, BLM will issue a decision modifying the 
royalty rate terms of your lease no later than 180 days after the day on 
which we determine a complete request was received. The effective date 
of the new royalty rate is the first day of the month following the date 
on which the decision was issued. For example, a decision issued on July 
21, will become effective on August 1.



       Subpart 3213_Relinquishment, Termination, and Cancellation



Sec. 3213.10  Who may relinquish a lease?

    Only the record title owner may relinquish a lease in full or in 
part. If there is more than one record title owner for a lease, all 
record title owners must sign the relinquishment.



Sec. 3213.11  What must I do to relinquish a lease?

    Send BLM a written request that includes the serial number of each 
lease you are relinquishing. If you are relinquishing the entire lease, 
no legal description of the land is required. If you are relinquishing 
part of the lease, you must describe the lands to be relinquished. BLM 
may require additional information if necessary.



Sec. 3213.12  May BLM accept a partial relinquishment if it will 
reduce my lease to less than 640 acres?

    Except for direct use leases, lands remaining in your lease must 
contain at least 640 acres, or all of your leased lands must be in one 
section, whichever is less. Otherwise, we will not accept your partial 
relinquishment. BLM will only allow an exception if it will further 
development of the resource. The size of direct use leases is addressed 
in Sec. 3205.07.

[[Page 673]]



Sec. 3213.13  When does relinquishment take effect?

    (a) If BLM determines your relinquishment request meets the 
requirements of Secs. 3213.11 and 3213.12, your relinquishment is 
effective the day we receive it.
    (b) Notwithstanding the relinquishment, you and your surety continue 
to be responsible for:
    (1) Paying all rents and royalties due before the relinquishment was 
effective;
    (2) Plugging and abandoning all wells on the relinquished land;
    (3) Restoring and reclaiming the surface and other resources; and
    (4) Complying with Sec. 3200.4.



Sec. 3213.14  Will BLM terminate my lease if I do not pay my rent
on time?

    (a) If MMS does not receive your second and subsequent year's rental 
payment in full by the lease anniversary date, MMS will notify you that 
the rent payment is overdue. You have 45 days after the anniversary date 
to pay the rent plus a 10 percent late fee. If MMS does not receive your 
rental plus the late fee by the end of the 45-day period, BLM will 
terminate your lease.
    (b) If you receive notification from MMS under paragraph (a) of this 
section more than 15 days after the lease anniversary date, BLM will 
reinstate a lease that was terminated under paragraph (a) of this 
section if MMS receives the rent plus a 10 percent late fee within 30 
days after you receive the notification.



Sec. 3213.15  How will BLM notify me if it terminates my lease?

    BLM will send you a notice of the termination by certified mail, 
return receipt requested.



Sec. 3213.16  May BLM cancel my lease?

    (a) BLM may cancel your lease if it was issued in error.
    (b) If BLM cancels your lease because it was issued in error, the 
cancellation is effective when you receive it.



Sec. 3213.17  May BLM terminate my lease for reasons other than
non-payment of rentals?

    BLM may terminate your lease for reasons other than non-payment of 
rentals, after giving you 30 days written notice, if we determine that 
you violated the requirements of Sec. 3200.4, including, but not limited 
to the nonpayment of royalties and fees under 30 CFR parts 206 and 218.



Sec. 3213.18  When is a termination effective?

    If BLM terminates your lease because we determined that you violated 
the requirements of Sec. 3200.4, the termination takes effect 30 days 
after the date you receive notice of our determination.



Sec. 3213.19  What can I do if BLM notifies me that my lease is being
terminated because of a violation of the law, regulations, or lease
terms?

    (a) You can prevent termination of your lease if, within 30 days 
after receipt of our notice:
    (1) You correct the violation; or
    (2) You show us that you cannot correct the violation during the 30-
day period and that you are making a good faith attempt to correct the 
violation as quickly as possible, and thereafter you diligently proceed 
to correct the violation.
    (b)(1) You may appeal the lease termination. You have 30 days after 
receipt of our notice to file an appeal (see parts 4 and 1840 of this 
title). We will stay the termination of your lease while your appeal is 
pending.
    (2) You are entitled to a hearing on the violation or the proposed 
lease termination if you request the hearing when you file the appeal. 
The period for correction of the violation will be extended to 30 days 
after the decision on appeal is made if the decision concludes that a 
violation exists.



                 Subpart 3214_Personal and Surety Bonds



Sec. 3214.10  Who must post a geothermal bond?

    (a) The lessee or operator must post a bond with BLM before 
exploration, drilling, or utilization operations begin.
    (b) Before we approve a lease transfer or recognize a new designated 
operator, the lessee or operator must file a new bond or a rider to the 
existing bond,

[[Page 674]]

unless all previous operations on the land have already been reclaimed.



Sec. 3214.11  Who must my bond cover?

    Your bond must cover all record title owners, operating rights 
owners, operators, and any person who conducts operations on your lease.



Sec. 3214.12  What activities must my bond cover?

    Your bond must cover:
    (a) Any activities related to exploration, drilling, utilization, or 
associated operations on a Federal lease;
    (b) Reclamation of the surface and other resources;
    (c) Rental and royalty payments; and
    (d) Compliance with the requirements of Sec. 3200.4.



Sec. 3214.13  What is the minimum dollar amount required for a bond?

    The minimum bond amount varies depending on the type of activity you 
are proposing and whether your bond will cover individual, statewide, or 
nationwide activities. The minimum dollar amounts and bonding options 
for each type of activity are found in the following regulations:
    (a) Exploration operations--see Sec. 3251.15;
    (b) Drilling operations--see Sec. 3261.18; and
    (c) Utilization operations--see Secs. 3271.12 and 3273.19.



Sec. 3214.14  May BLM increase the bond amount above the minimum?

    (a) BLM may increase the bond amount above the minimums referenced 
in Sec. 3214.13 when:
    (1) We determine that the operator has a history of noncompliance;
    (2) We previously had to make a claim against a surety because any 
one person who is covered by the new bond failed to plug and abandon a 
well and reclaim the surface in a timely manner;
    (3) MMS has notified BLM that a person covered by the bond owes 
uncollected royalties; or
    (4) We determine that the bond amount will not cover the estimated 
reclamation cost.
    (b) We may increase bond amounts to any level, but we will not set 
that amount higher than the total estimated costs of plugging wells, 
removing structures, and reclaiming the surface and other resources, 
plus any uncollected royalties due MMS or moneys owed to BLM due to 
previous violations.



Sec. 3214.15  What kind of financial guarantee will BLM accept to
back my bond?

    We will not accept cash bonds. We will only accept:
    (a) Corporate surety bonds, provided that the surety company is 
approved by the Department of Treasury (see Department of the Treasury 
Circular No. 570, which is published in the Federal Register every year 
on or about July 1); and
    (b) Personal bonds, which are secured by a cashier's check, 
certified check, certificate of deposit, negotiable securities such as 
Treasury notes, or an irrevocable letter of credit (see Secs. 3214.21 
and 3214.22).



Sec. 3214.16  Is there a special bond form I must use?

    You must use a BLM-approved bond form (Form 3000-4, or Form 3000-4a, 
June 1988 or later editions) for corporate surety bonds and personal 
bonds.



Sec. 3214.17  Where must I submit my bond?

    File personal or corporate surety bonds and statewide bonds in the 
BLM State Office that oversees your lease or operations. You may file 
nationwide bonds in any BLM State Office. File bond riders in the BLM 
State Office where your underlying bond is located. For personal or 
corporate surety bonds, file one originally-signed copy of the bond.



Sec. 3214.18  Who will BLM hold liable under the lease and what
are they liable for?

    BLM will hold all interest owners in a lease jointly and severally 
liable for compliance with the requirements of Sec. 3200.4 for 
obligations that accrue while they hold their interest. Among other 
things, all interest owners are jointly and severally liable for:
    (a) Plugging and abandoning wells;

[[Page 675]]

    (b) Reclaiming the surface and other resources;
    (c) Compensatory royalties assessed for drainage; and
    (d) Rent and royalties due.



Sec. 3214.19  What are my bonding requirements when a lease interest
is transferred to me?

    (a) Except as otherwise provided in this section, if the lands to be 
transferred to you contain a well or any other surface disturbance which 
the original lessee did not reclaim, you must post a bond under this 
subpart before BLM will approve the transfer.
    (b) If the original lessee does not transfer all interest in the 
lease to you, you may become a co-principal on the original bond, rather 
than posting a new bond.
    (c) You do not need to post an additional bond if:
    (1) You previously furnished a statewide or nationwide bond 
sufficient to cover the lands transferred; or
    (2) The operator provided the original bond, and the operator does 
not change.



Sec. 3214.20  How do I modify my bond?

    You may modify your bond by submitting a rider to the BLM State 
Office where your bond is held. There is no special form required.



Sec. 3214.21  What must I do if I want to use a certificate of deposit
to back my bond?

    Your certificate of deposit must:
    (a) Be issued by a Federally-insured financial institution 
authorized to do business in the United States;
    (b) Include on its face the statement, ``This certificate cannot be 
redeemed by any party without approval by the Secretary of the Interior 
or the Secretary's delegate;'' and
    (c) Be payable to the Department of the Interior, Bureau of Land 
Management.



Sec. 3214.22  What must I do if I want to use a letter of credit
to back my bond?

    Your letter of credit must:
    (a) Be issued by a Federally-insured financial institution 
authorized to do business in the United States;
    (b) Be payable to the Department of the Interior--Bureau of Land 
Management;
    (c) Be irrevocable during its term and have an initial expiration 
date of no sooner than 1 year after the date we receive it;
    (d) Be automatically renewable for a period of at least 1 year 
beyond the end of the current term, unless the issuing financial 
institution gives us written notice, at least 90 days before the letter 
of credit expires, that it will no longer renew the letter of credit; 
and
    (e) Include a clause authorizing the Secretary of the Interior to 
demand immediate payment, in part or in full:
    (i) If you do not meet your obligations under the requirements of 
Sec. 3200.4; or
    (ii) Provide substitute security for a letter of credit which the 
issuer has stated it will not renew before the letter of credit expires.



         Subpart 3215_Bond Release, Termination, and Collection



Sec. 3215.10  When may BLM collect against my bond?

    If you fail to comply with the requirements listed at Sec. 3200.4, 
we may collect money from the bond to correct your noncompliance. This 
amount can be as large as the face amount of the bond. Some examples of 
when we will collect against your bond are when you do not properly or 
in a timely manner:
    (a) Plug and abandon a well;
    (b) Reclaim the lease area;
    (c) Pay outstanding royalties; or
    (d) Pay assessed royalties to compensate for drainage.



Sec. 3215.11  Must I replace my bond after BLM collects against it?

    If BLM collects against your bond, before you conduct any further 
operations you must either:
    (a) Post a new bond equal to the value of the original bond; or
    (b) Restore your existing bond to the original face amount.



Sec. 3215.12  What will BLM do if I do not restore the face amount
or file a new bond?

    If we collect against your bond and you do not restore it to the 
original

[[Page 676]]

face amount, we may shut in any well(s) or utilization facilities 
covered by that bond and may terminate affected leases.



Sec. 3215.13  Will BLM terminate or release my bond?

    (a) BLM does not cancel or terminate bonds. We may inform you that 
your existing bond is insufficient.
    (b) The bond provider may terminate your bond provided it gives you 
and BLM 30-days notice. The bond provider remains responsible for 
obligations that accrued during the period of liability while the bond 
was in effect.
    (c) BLM will release a bond, terminating all liability under that 
bond, if:
    (1) The new bond that you file covers all existing liabilities and 
we accept it; or
    (2) After a reasonable period of time, we determine that you paid 
all royalties, rents, penalties, and assessments, and satisfied all 
permit and lease obligations.
    (d) If an adequate bond is not in place, do not conduct any 
operations until you provide a new bond that meets our requirements.



Sec. 3215.14  When BLM releases my bond, does that end my 
responsibilities?

    When BLM releases your bond, we relinquish the security but we 
continue to hold the lessee or operator responsible for noncompliance 
with applicable requirements under the lease. Specifically, we do not 
waive any legal claim we may have against any person under the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), or other laws and regulations.



                         Subpart 3216_Transfers



Sec. 3216.10  What types of lease interests may I transfer?

    You may transfer record title or operating rights, but you need BLM 
approval before your transfer is effective (see Sec. 3216.21).



Sec. 3216.11  Where must I file a transfer request?

    File your transfer in the BLM State Office that handles your lease.



Sec. 3216.12  When does a transferee take responsibility for lease
obligations?

    After BLM approves your transfer, the transferee is responsible for 
performing all lease obligations accruing after the date of the 
transfer, and for plugging and abandoning wells which exist and are not 
plugged and abandoned at the time of the transfer.



Sec. 3216.13  What are my responsibilities after I transfer my 
interest?

    After you transfer an interest in a lease you are still responsible 
for rents, royalties, compensatory royalties, and other obligations that 
accrued before your transfer became effective. You also remain 
responsible for plugging and abandoning any wells that were drilled or 
existing on the lease while you held your interest. You must carry out 
this responsibility upon the BLM's determination at any future time that 
the wells must be plugged and abandoned.



Sec. 3216.14  What filing fees and forms does a transfer require?

    With each transfer request you must send BLM the correct form and 
pay the transfer fee required by this section. When you calculate your 
fee, make sure it covers the full amount. For example, if you are 
transferring record title for three leases, submit three times the fee 
for ``Assignment and transfer of record title or operating rights'' in 
the fee schedule in Sec. 3000.12 of this chapter.
    Use the following chart to determine the number and types of forms 
required. The applicable transfer fees are in the fee schedule in 
Sec. 3000.12 of this chapter.

----------------------------------------------------------------------------------------------------------------
         Type of transfer               Form required?            Form No.               Number of copies
----------------------------------------------------------------------------------------------------------------
(a) Record Title..................  Yes..................  3000-3...............  2 executed copies.
(b) Operating Rights..............  Yes..................  3000-3(a)............  2 executed copies.
(c) Estate Transfers..............  No...................  N/A..................  1 List of Leases.
(d) Corporate Mergers.............  No...................  N/A..................  1 List of Leases.
(e) Name Changes..................  No...................  N/A..................  1 List of Leases.
----------------------------------------------------------------------------------------------------------------


[[Page 677]]


[72 FR 24400, May 2, 2007, as amended at 74 FR 49335, Sept. 28, 2009]



Sec. 3216.15  When must I file my transfer request?

    (a) File a request to transfer record title or operating rights 
within 90 days after you sign an agreement with the transferee. If BLM 
receives your request more than 90 days after signing, we may require 
you to re-certify that you still intend to complete the transfer.
    (b) There is no specific time deadline for filing estate transfers, 
corporate mergers, and name changes. File them within a reasonable time.



Sec. 3216.16  Must I file separate transfer requests for each lease?

    File two copies of a separate request for each lease for which you 
are transferring record title or operating rights. The only exception is 
if you are transferring more than one lease to the same transferee, in 
which case you file two copies of one transfer request.



Sec. 3216.17  Where must I file estate transfers, corporate mergers, 
and name changes?

    (a) If you have posted a bond for any Federal lease, you must file 
estate transfers, corporate mergers, and name changes in the BLM State 
Office that maintains your bond.
    (b) If you have not posted a bond, you must file estate transfers, 
corporate mergers, and name changes in the State Office having 
jurisdiction over the lease.



Sec. 3216.18  How do I describe the lands in my lease transfer?

    (a) If you are transferring an interest in your entire lease, you do 
not need to give BLM a legal description of the land.
    (b) If you are transferring an interest in a portion of your lease, 
describe the lands that are transferred in the same way they are 
described in the lease.



Sec. 3216.19  May I transfer record title interest for less than
640 acres?

    Except for direct use leases, you may transfer record title interest 
for less than 640 acres only if your transfer includes an irregular 
subdivision or all of the lands in your lease are in a section. We may 
make an exception to the minimum acreage requirements if it is necessary 
to conserve the resource.



Sec. 3216.20  When does a transfer segregate a lease?

    If you transfer 100 percent of the record title interest in a 
portion of your lease, BLM will segregate the transferred portion from 
the original lease and give it a new serial number with the same terms 
and conditions as those in the original lease.



Sec. 3216.21  When is my transfer effective?

    Your transfer is effective the first day of the month after we 
approve it.



Sec. 3216.22  Does BLM approve all transfer requests?

    BLM will not approve a transfer if:
    (a) The lease account is not in good standing;
    (b) The transferee does not qualify to hold a lease under this part; 
or
    (c) An adequate bond has not been provided.



                   Subpart 3217_Cooperative Agreements



Sec. 3217.10  What are unit agreements?

    Under unit agreements, lessees unite with each other, or jointly or 
separately with others, in collectively adopting and operating under 
agreements to conserve the resources of any geothermal reservoir, field, 
or like area, or any part thereof. BLM will only approve unit agreements 
that we determine are in the public interest. Unit agreement application 
procedures are provided in part 3280 of this chapter.



Sec. 3217.11  What are communitization agreements?

    Under communitization agreements (also called drilling agreements), 
operators who cannot independently develop separate tracts due to well-
spacing or well development programs may cooperatively develop such 
tracts. Lessees may ask BLM to approve a communitization agreement or, 
in some cases, we may require the lessees to enter into such an 
agreement.

[[Page 678]]



Sec. 3217.12  What does BLM need to approve my communitization agreement?

    For BLM to approve a communitization agreement, you must give us the 
following information:
    (a) The location of the separate tracts comprising the drilling or 
spacing unit;
    (b) How you will prorate production or royalties to each separate 
tract based on total acres involved;
    (c) The name of each tract operator; and
    (d) Provisions for protecting the interests of all parties, 
including the United States.



Sec. 3217.13  When does my communitization agreement go into effect?

    (a) Your communitization agreement is effective when BLM approves 
and signs it.
    (b) Before we approve the agreement:
    (1) All parties must sign the agreement; and
    (2)(i) We must determine that the tracts cannot be independently 
developed; and
    (ii) That the agreement is in the public interest.



Sec. 3217.14  When will BLM approve my drilling or development
contract?

    BLM may approve a drilling or development contract when:
    (a) One or more geothermal lessees enter into the contract with one 
or more persons; or
    (b) Lessees need the contract for regional exploration of geothermal 
resources;
    (c) BLM has coordinated the review of the proposed contract with 
appropriate state agencies; and
    (d) BLM determines that approval best serves or is necessary for the 
conservation of natural resources, public convenience or necessity, or 
the interests of the United States.



Sec. 3217.15  What does BLM need to approve my drilling or development
contract?

    For BLM to approve your drilling or development contract, you must 
send us:
    (a) The contract and a statement of why you need it;
    (b) A statement of all interests held by the contracting parties in 
that geothermal area or field;
    (c) The type of operations and schedule set by the contract;
    (d) A statement that the contract will not violate Federal antitrust 
laws by concentrating control over the production or sale of geothermal 
resources; and
    (e) Any other information we may require to make a decision about 
the contract or to attach conditions of approval.



               Subpart 3250_Exploration Operations_General



Sec. 3250.10  When do the exploration operations regulations apply?

    (a) The exploration operations regulations contained in this subpart 
and subparts 3251 through 3256 apply to geothermal exploration 
operations:
    (1) On BLM-administered public lands, whether or not they are leased 
for geothermal resources; and
    (2) On lands whose surface is managed by another Federal agency, 
where BLM has leased the subsurface geothermal resources and the lease 
operator wishes to conduct exploration. In this case, we will consult 
with the surface managing agency regarding surface use and reclamation 
requirements before we approve the exploration operations.
    (b) These regulations do not apply to:
    (1) Unleased land administered by another Federal agency;
    (2) Unleased geothermal resources whose surface land is managed by 
another Federal agency;
    (3) Privately owned land; or
    (4) Casual use activities.



Sec. 3250.11  May I conduct exploration operations on my lease,
someone else's lease, or unleased land?

    (a) You may request BLM approval to explore any BLM-managed public 
lands open to geothermal leasing, even if the lands are leased to 
another person. A BLM-approved exploration permit does not give you 
exclusive rights.
    (b) If you wish to conduct operations on your lease, you may do so 
after we

[[Page 679]]

have approved your Notice of Intent to Conduct Geothermal Resource 
Exploration Operations. If the lands are already leased, your operations 
may not unreasonably interfere with or endanger those other operations 
or other authorized uses, or cause unnecessary or undue degradation of 
the lands.



Sec. 3250.12  What general standards apply to exploration operations?

    BLM-approved exploration operations must:
    (a) Meet all operational and environmental standards;
    (b) Protect public health, safety, and property;
    (c) Prevent unnecessary impacts on surface and subsurface resources;
    (d) Be conducted in a manner consistent with the principles of 
multiple use; and
    (e) Comply with the requirements of Sec. 3200.4.



Sec. 3250.13  What additional BLM orders or instructions govern
exploration?

    BLM may issue the following types of orders or instructions:
    (a) Geothermal resource operational orders that contain detailed 
requirements of nationwide applicability;
    (b) Notices to lessees that contain detailed requirements on a 
statewide or regional basis;
    (c) Other orders and instructions specific to a field or area;
    (d) Conditions of approval contained in an approved Notice of 
Intent; and
    (e) Verbal orders that BLM will confirm in writing.



Sec. 3250.14  What types of operations may I propose in my 
application to conduct exploration?

    (a) You may propose any activity fitting the definition of 
``exploration operations'' in Sec. 3200.1. Submit Form 3200-9, Notice of 
Intent to Conduct Geothermal Resource Exploration Operations, together 
with the information required under Sec. 3251.11, and BLM will review 
your proposal.
    (b) The exploration operations regulations do not address drilling 
wells intended for production or injection, which is covered in subpart 
3260, or geothermal resources utilization, which is covered in subpart 
3270.



        Subpart 3251_Exploration Operations: Getting BLM Approval



Sec. 3251.10  Do I need a permit before I start exploration operations?

    BLM must approve a Notice of Intent to Conduct Geothermal Resource 
Exploration Operations (NOI) before you conduct exploration operations. 
The approved NOI, including any necessary conditions for approval, 
constitutes your permit.



Sec. 3251.11  What information is in a complete Notice of Intent
to Conduct Geothermal Resource Exploration Operations application?

    To obtain approval of exploration operations on BLM-managed lands, 
your application must:
    (a) Include a complete and signed Form 3200-9, Notice of Intent to 
Conduct Geothermal Resource Exploration Operations that describes the 
lands you wish to explore;
    (b) For operations other than drilling temperature gradient wells, 
describe your exploration plans and procedures, including the 
approximate starting and ending dates for each phase of operations;
    (c) For drilling temperature gradient wells, describe your drilling 
and completion procedures, and include, for each well or for several 
wells you propose to drill in an area of geologic and environmental 
similarity:
    (1) A detailed description of the equipment, materials, and 
procedures you will use;
    (2) The depth of each well;
    (3) The casing and cementing program;
    (4) The circulation media (mud, air, foam, etc.);
    (5) A description of the logs that you will run;
    (6) A description and diagram of the blowout prevention equipment 
you will use during each phase of drilling;
    (7) The expected depth and thickness of fresh water zones;
    (8) Anticipated lost circulation zones;
    (9) Anticipated temperature gradient in the area;
    (10) Well site layout and design;
    (11) Existing and planned access roads or ancillary facilities; and

[[Page 680]]

    (12) Your source of drill pad and road building material and water 
supply.
    (d) Show evidence of bond coverage (see Sec. 3251.15);
    (e) Estimate how much surface disturbance your exploration may 
cause;
    (f) Describe the proposed measures you will take to protect the 
environment and other resources;
    (g) Describe methods to reclaim the surface; and
    (h) Include all other information BLM may require.



Sec. 3251.12  What action will BLM take on my Notice of Intent to 
Conduct Geothermal Resource Exploration Operations?

    (a) When BLM receives your Notice of Intent to Conduct Geothermal 
Resource Exploration Operations, we will make sure it is complete and 
signed, and review it for compliance with the requirements of 
Sec. 3200.4.
    (b) If the proposed operations are located on lands described under 
Sec. 3250.10(a)(2), we will consult with the Federal surface management 
agency before approving your Notice of Intent.
    (c) We will check your Notice of Intent for technical adequacy and 
we may require additional information.
    (d) We will notify you if we need more information to process your 
Notice of Intent, and suspend the review of your Notice of Intent until 
we receive the information.
    (e) After our review, we will notify you whether we approved or 
denied your Notice of Intent and of any conditions of approval.



Sec. 3251.13  Once I have an approved Notice of Intent,
how can I change my exploration operations?

    Send BLM a complete and signed Form 3260-3, Geothermal Sundry 
Notice, which fully describes the requested changes. Do not proceed with 
the change in operations until you receive written approval from BLM.



Sec. 3251.14  Do I need a bond for conducting exploration operations?

    (a) You must not start any exploration operations on BLM-managed 
lands until we approve your bond. You may meet the requirement for an 
exploration bond in two ways:
    (1) If you have an existing nationwide or statewide oil and gas 
exploration bond, provide a rider in an amount we have specified to 
include geothermal resources exploration operations; or
    (2) If you must file a new bond for geothermal exploration, the 
minimum amounts are:
    (i) $5,000 for a single operation;
    (ii) $25,000 for all of your operations within a state; and
    (iii) $50,000 for all of your operations on public lands nationwide.
    (b) See subparts 3214 and 3215 for additional details on bonding 
procedures.



Sec. 3251.15  When will BLM release my bond?

    BLM will release your bond after you request it and we determine 
that you have:
    (a) Plugged and abandoned all wells;
    (b) Reclaimed the land and, if necessary, resolved other 
environmental, cultural, scenic, or recreational issues; and
    (c) Complied with the requirements of Sec. 3200.4.



             Subpart 3252_Conducting Exploration Operations



Sec. 3252.10  What operational standards apply to my exploration
operations?

    You must keep exploration operations under control at all times by:
    (a) Conducting training during your operation to ensure that your 
personnel are capable of performing emergency procedures quickly and 
effectively;
    (b) Using properly maintained equipment; and
    (c) Using operational practices that allow for quick and effective 
emergency response.



Sec. 3252.11  What environmental requirements must I meet when
conducting exploration operations?

    (a) You must conduct your exploration operations in a manner that:
    (1) Protects the quality of surface and subsurface waters, air, and 
other natural resources, including wildlife, soil, vegetation, and 
natural history;
    (2) Protects the quality of cultural, scenic, and recreational 
resources;

[[Page 681]]

    (3) Accommodates other land uses, as BLM deems necessary; and
    (4) Minimizes noise.
    (b) You must remove or, with our permission, properly store all 
equipment and materials not in use.
    (c) You must provide and use pits, tanks, and sumps of adequate 
capacity. They must be designed to retain all materials and fluids 
resulting from drilling temperature gradient wells or other operations, 
unless we have specified otherwise in writing. When they are no longer 
needed, you must properly abandon pits and sumps in accordance with your 
exploration permit.
    (d) BLM may require you to submit a contingency plan describing 
procedures to protect public health, safety, property, and the 
environment.



Sec. 3252.12  How deep may I drill a temperature gradient well?

    (a) You may drill a temperature gradient well to any depth that we 
approve in your exploration permit or sundry notice. In all cases, you 
may not flow test the well or perform injection tests of the well unless 
you follow the procedures for geothermal drilling operations in subparts 
3260 through 3267.
    (b) BLM may modify your permitted depth at any time before or during 
drilling, if we determine that the bottom hole temperature or other 
information indicates that drilling to the original permitted depth 
could directly encounter the geothermal resource or create risks to 
public health, safety, property, the environment, or other resources.



Sec. 3252.13  How long may I collect information from my temperature
gradient well?

    You may collect information from your temperature gradient well for 
as long as your permit allows.



Sec. 3252.14  How must I complete a temperature gradient well?

    Complete temperature gradient wells to allow for proper abandonment, 
and to prevent interzonal migration of fluids. Cap all tubing when not 
in use.



Sec. 3252.15  When must I abandon a temperature gradient well?

    When you no longer need it, or when BLM requires you to.



Sec. 3252.16  How must I abandon a temperature gradient well?

    (a) Before abandoning your well, submit a complete and signed Sundry 
Notice, Form 3260-3, describing how you plan to abandon wells and 
reclaim the surface. Do not begin abandoning wells or reclaiming the 
surface until BLM approves your Sundry Notice.
    (b) You must plug and abandon your well for permanent prevention of 
interzonal migration of fluids and migration of fluids to the surface. 
You must reclaim your well location according to the terms of BLM 
approvals and orders.



              Subpart 3253_Reports: Exploration Operations



Sec. 3253.10  Must I share with BLM the data I collect through 
exploration operations?

    (a) For exploration operations on your geothermal lease, you must 
submit all data you obtain as a result of the operations with a signed 
notice of completion of exploration operations under Sec. 3253.11, 
unless we approve a later submission.
    (b) For exploration operations on unleased lands or on leased lands 
where you are not the lessee or unit operator, you are not required to 
submit data. However, if you want your exploration operations to count 
toward your diligent exploration expenditure requirement (see 
Sec. 3210.13), or if you are making significant expenditures to extend 
your lease (see Sec. 3208.14), you must send BLM the resulting data 
under the rules of those sections.



Sec. 3253.11  Must I notify BLM when I have completed my exploration
operations?

    After you complete exploration operations, send to BLM a complete 
and signed notice of completion of exploration operations, describing 
the exploration operations, well history, completion and abandonment 
procedures, and site reclamation measures. You

[[Page 682]]

must send this to BLM within 30 days after you:
    (a) Complete any geophysical exploration operations;
    (b) Complete the drilling of temperature gradient well(s) approved 
under your approved Notice of Intent to conduct exploration;
    (c) Plug and abandon a temperature gradient well; and
    (d) Plug shot holes and reclaim all exploration sites.



Subpart 3254_Inspection, Enforcement, and Noncompliance for Exploration 
                               Operations



Sec. 3254.10  May BLM inspect my exploration operations?

    BLM may inspect your exploration operations to ensure compliance 
with the requirements of Sec. 3200.4 and the regulations in this 
subpart.



Sec. 3254.11  What will BLM do if my exploration operations are
not in compliance with my permit, other BLM approvals or orders, 
or the regulations in this part?

    (a) BLM will issue you a written Incident of Noncompliance and 
direct you to correct the problem within a set time. If the 
noncompliance continues or is serious in nature, we will take one or 
more of the following actions:
    (1) Correct the problem at your expense;
    (2) Direct you to modify or shut down your operations; or
    (3) Collect all or part of your bond.
    (b) We may also require you to take actions to prevent unnecessary 
impacts on the lands. If so, we will notify you of the nature and extent 
of any required measures and the time you have to complete them.
    (c) Noncompliance may result in BLM terminating your lease, if 
appropriate under Secs. 3213.17 through 3213.19.



           Subpart 3255_Confidential, Proprietary Information



Sec. 3255.10  Will BLM disclose information I submit under these 
regulations?

    All Federal and Indian data and information submitted to the BLM are 
subject to part 2 of this title. Part 2 includes the regulations of the 
Department of the Interior covering public disclosure of data and 
information contained in Department records. Certain mineral information 
not protected from disclosure under part 2 may be made available for 
inspection without a Freedom of Information Act (FOIA) request.



Sec. 3255.11  When I submit confidential, proprietary information,
how can I help ensure it is not available to the public?

    When you submit data and information that you believe to be exempt 
from disclosure by 43 CFR part 2, you must clearly mark each page that 
you believe contains confidential information. BLM will keep all data 
and information confidential to the extent allowed by 43 CFR 2.13(c).



Sec. 3255.12  How long will information I give BLM remain confidential
or proprietary?

    The FOIA (5 U.S.C. 552) does not provide a finite period of time 
during which information may be exempt from public disclosure. BLM will 
review each situation individually and in accordance with part 2 of this 
title.



Sec. 3255.13  How will BLM treat Indian information submitted under
the Indian Mineral Development Act?

    Under the Indian Mineral Development Act of 1982 (IMDA) (25 U.S.C. 
2101 et seq.), the Department of the Interior will hold as privileged 
proprietary information of the affected Indian or Indian tribe:
    (a) All findings forming the basis of the Secretary's intent to 
approve or disapprove any Minerals Agreement under IMDA; and
    (b) All projections, studies, data, or other information concerning 
a Minerals Agreement under IMDA, regardless of the date received, 
related to:
    (1) The terms, conditions, or financial return to the Indian 
parties;
    (2) The extent, nature, value, or disposition of the Indian mineral 
resources; or
    (3) The production, products, or proceeds thereof.

[[Page 683]]



Sec. 3255.14  How will BLM administer information concerning other
Indian minerals?

    For information concerning Indian minerals not covered by 
Sec. 3255.13, BLM will withhold such records as may be withheld under an 
exemption to the FOIA when it receives a request for information related 
to tribal or Indian minerals held in trust or subject to restrictions on 
alienation.



Sec. 3255.15  When will BLM consult with Indian mineral owners when
information concerning their minerals is the subject of a FOIA 
request?

    (a) We use the standards and procedures of Sec. 2.15(d) of this 
title before making a decision about the applicability of FOIA exemption 
4 to information obtained from a person outside the United States 
Government.
    (b) BLM will notify the Indian mineral owner(s) identified in the 
records of the Bureau of Indian Affairs (BIA), and BIA, and give them a 
reasonable period of time to state objections to disclosure. BLM will 
issue this notice following consultation with a submitter under 
Sec. 2.15(d) of this title if:
    (1) BLM determines that the submitter does not have an interest in 
withholding the records that can be protected under FOIA; and
    (2) BLM has reason to believe that disclosure of the information may 
result in commercial or financial injury to the Indian mineral owner(s), 
but is uncertain that such is the case.



         Subpart 3256_Exploration Operations Relief and Appeals



Sec. 3256.10  How do I request a variance from BLM requirements
that apply to my exploration operations?

    (a) You may submit a request for a variance for your exploration 
operations from any requirement in Sec. 3200.4. Your request must 
include enough information to explain:
    (1) Why you cannot comply with the regulatory requirement; and
    (2) Why you need the variance to control your well, conserve natural 
resources, or protect public health and safety, property, or the 
environment.
    (b) BLM may approve your request orally or in writing. If we give 
you an oral approval, we will follow up with written confirmation.



Sec. 3256.11  How may I appeal a BLM decision regarding my exploration
operations?

    You may appeal a BLM decision regarding your exploration operations 
in accordance with Sec. 3200.5.



           Subpart 3260_Geothermal Drilling Operations_General



Sec. 3260.10  What types of geothermal drilling operations are covered
by these regulations?

    (a) The regulations in subparts 3260 through 3267 establish 
permitting and operating procedures for drilling wells and conducting 
related activities for the purposes of performing flow tests, producing 
geothermal fluids, or injecting fluids into a geothermal reservoir. 
These subparts also address redrilling, deepening, plugging back, and 
other subsequent well operations.
    (b) The operations regulations in subparts 3260 through 3267 do not 
address conducting exploration operations, which are covered in subpart 
3250, or geothermal resources utilization, which is covered in subpart 
3270.



Sec. 3260.11  What general standards apply to my drilling operations?

    Your drilling operations must:
    (a) Meet all environmental and operational standards;
    (b) Prevent unnecessary impacts on surface and subsurface resources;
    (c) Conserve geothermal resources and minimize waste;
    (d) Protect public health, safety, and property; and
    (e) Comply with the requirements of Sec. 3200.4.



Sec. 3260.12  What other orders or instructions may BLM issue?

    BLM may issue:
    (a) Geothermal resource operational orders for detailed requirements 
that apply nationwide;
    (b) Notices to Lessees for detailed requirements on a statewide or 
regional basis;
    (c) Other orders and instructions specific to a field or area;

[[Page 684]]

    (d) Permit conditions of approval; and
    (e) Oral orders, which will be confirmed in writing.



           Subpart 3261_Drilling Operations: Getting a Permit



Sec. 3261.10  How do I get approval to begin well pad construction?

    (a) If you do not have an approved geothermal drilling permit, Form 
3260-2, apply using a completed and signed Sundry Notice, Form 3260-3, 
to build well pads and access roads. Send us a complete operations plan 
(see Sec. 3261.12) and an acceptable bond with your Sundry Notice. You 
may start well pad construction after we approve your Sundry Notice.
    (b) If you already have an approved drilling permit and you have 
provided an acceptable bond, you do not need any further permission from 
BLM to start well pad construction, unless you intend to change 
something in the approved permit. If you propose a change in an approved 
permit, send us a completed and signed Sundry Notice so we may review 
your proposed change. Do not proceed with the change until we approve 
your Sundry Notice.



Sec. 3261.11  How do I apply for approval of drilling operations 
and well pad construction?

    (a) Send to BLM:
    (1) A completed and signed drilling permit application, Form 3260-2;
    (2) A complete operations plan (Sec. 3261.12);
    (3) A complete drilling program (Sec. 3261.13); and
    (4) An acceptable bond (Sec. 3261.18).
    (b) Do not start any drilling operations until after BLM approves 
the permit.



Sec. 3261.12  What is an operations plan?

    An operations plan describes how you will drill for and test the 
geothermal resources covered by your lease. Your plan must tell BLM 
enough about your proposal to allow us to assess the environmental 
impacts of your operations. This information should generally include:
    (a) Well pad layout and design;
    (b) A description of existing and planned access roads;
    (c) A description of any ancillary facilities;
    (d) The source of drill pad and road building material;
    (e) The water source;
    (f) A statement describing surface ownership;
    (g) A description of procedures to protect the environment and other 
resources;
    (h) Plans for surface reclamation; and
    (i) Any other information that BLM may require.



Sec. 3261.13  What is a drilling program and how do I apply for 
drilling program approval?

    (a) A drilling program describes all the operational aspects of your 
proposal to drill, complete, and test a well.
    (b) Send to BLM:
    (1) A detailed description of the equipment, materials, and 
procedures you will use;
    (2) The proposed/anticipated depth of the well;
    (3) If you plan to directionally drill your well, also send us:
    (i) The proposed bottom hole location and distances from the nearest 
section or tract lines;
    (ii) The kick-off point;
    (iii) The direction of deviation;
    (iv) The angle of build-up and maximum angle; and
    (v) Plan and cross section maps indicating the surface and bottom 
hole locations;
    (4) The casing and cementing program;
    (5) The circulation media (mud, air, foam, etc.);
    (6) A description of the logs that you will run;
    (7) A description and diagram of the blowout prevention equipment 
you will use during each phase of drilling;
    (8) The expected depth and thickness of fresh water zones;
    (9) Anticipated lost circulation zones;
    (10) Anticipated reservoir temperature and pressure;
    (11) Anticipated temperature gradient in the area;

[[Page 685]]

    (12) A plat certified by a licensed surveyor showing the surveyed 
surface location and distances from the nearest section or tract lines;
    (13) Procedures and durations of well testing; and
    (14) Any other information we may require.



Sec. 3261.14  When must I give BLM my operations plan?

    Send us a complete operations plan before you begin any surface 
disturbance on a lease. You do not need to submit an operations plan for 
subsequent well operations or altering existing production equipment, 
unless these activities will cause more surface disturbance than 
originally approved, or we notify you that you must submit an operations 
plan. Do not start any activities that will result in surface 
disturbance until we approve your drilling permit or Sundry Notice.



Sec. 3261.15  Must I give BLM my drilling permit application, drilling
program, and operations plan at the same time?

    You may submit your completed and signed drilling permit application 
and complete drilling program and operations plan either together or 
separately.
    (a) If you submit them together and we approve your drilling permit, 
the approved drilling permit will authorize both the pad construction 
and the drilling and testing of the well.
    (b) If you submit the operations plan separately from the drilling 
permit application and program, you must:
    (1) Submit the operations plan before the drilling permit 
application and drilling program to allow BLM time to comply with 
National Environmental Policy Act (NEPA); and
    (2) Submit a completed and signed Sundry Notice for well pad and 
access road construction. Do not begin construction until we approve 
your Sundry Notice.



Sec. 3261.16  Can my operations plan, drilling permit, and drilling
program apply to more than one well?

    (a) Your operations plan and drilling program can sometimes be 
combined to cover several wells, but your drilling permit cannot. To 
include more than one well in your operations plan, give us adequate 
information for all well sites, and we will combine your plan to cover 
those well sites that are in areas of similar geology and environment.
    (b) Your drilling program may also apply to more than one well, 
provided you will drill the wells in the same manner, and you expect to 
encounter similar geologic and reservoir conditions.
    (c) You must submit a separate geothermal drilling permit 
application for each well.



Sec. 3261.17  How do I amend my operations plan or drilling permit?

    (a) If BLM has not yet approved your operations plan or drilling 
permit, send us your amended plan and completed and signed permit 
application.
    (b) To amend an approved operations plan or drilling permit, submit 
a completed and signed Sundry Notice describing your proposed change. Do 
not start any amended operations until after BLM approves your drilling 
permit or Sundry Notice.



Sec. 3261.18  Do I need to file a bond with BLM before I build a well
pad or drill a well?

    Before starting any operation, you must:
    (a) File with BLM either a surety or personal bond in the following 
minimum amount:
    (1) $10,000 for a single lease;
    (2) $50,000 for all of your operations within a state; or
    (3) $150,000 for all of your operations nationwide;
    (b) Get our approval of your surety or personal bond; and
    (c) To cover any drilling operations on all leases committed to a 
unit, either submit a bond for that unit in an amount we specify, or 
provide a rider to a statewide or nationwide bond specifically covering 
the unit in an amount we specify.
    (d) See subparts 3214 and 3215 for additional details on bonding 
procedures.



Sec. 3261.19  When will BLM release my bond?

    BLM will release your bond after you request it and we determine 
that you have:

[[Page 686]]

    (a) Plugged and abandoned all wells;
    (b) Reclaimed the surface and other resources; and
    (c) Met all the requirements of Sec. 3200.4.



Sec. 3261.20  How will BLM review applications submitted under this
subpart and notify me of its decision?

    (a) When we receive your operations plan, we will make sure it is 
complete and review it for compliance with the requirements of 
Sec. 3200.4.
    (b) If another Federal agency manages the surface of your lease, we 
will consult with it before we approve your drilling permit.
    (c) We will review your drilling permit and drilling program or your 
Sundry Notice for well pad construction, to make sure they conform with 
your operations plan and any mitigation measures we developed while 
reviewing your plan.
    (d) We will check your drilling permit and drilling program for 
technical adequacy and may require additional information.
    (e) We will check your drilling permit for compliance with the 
requirements of Sec. 3200.4.
    (f) If we need any further information to complete our review, we 
will contact you in writing and suspend our review until we receive the 
information.
    (g) After our review, we will notify you as to whether your permit 
has been approved or denied, as well as any conditions of approval.



Sec. 3261.21  How do I get approval to change an approved drilling
operation?

    (a) Send BLM a Sundry Notice, form 3260-3, describing the proposed 
changes. Do not proceed with the changes until we have approved them in 
writing, except as provided in paragraph (c) of this section. If your 
operations such as redrilling, deepening, drilling a new directional 
leg, or plugging back a well would significantly change your approved 
permit, BLM may require you to send us a new drilling permit (see 43 CFR 
3261.13). A significant change would be, for example, redrilling the 
well to a completely different target, especially a target in an unknown 
area.
    (b) If your changed drilling operation would cause additional 
surface disturbance, we may also require you to submit an amended 
operations plan.
    (c) If immediate action is required to properly continue drilling 
operations, or to protect public health, safety, property or the 
environment, BLM may provide oral approval to change an approved 
drilling operation. However, you must submit a written Sundry Notice 
within 48 hours after we orally approve your change.



Sec. 3261.22  How do I get approval for subsequent well operations?

    Send BLM a Sundry Notice describing your proposed operation. For 
some routine work, such as cleanouts, surveys, or general maintenance 
(see Sec. 3264.11(b)), we may waive the Sundry Notice requirement. 
Contact your local BLM office to ask about waivers for subsequent well 
operations. Unless you receive a waiver, you must submit a Sundry 
Notice. Do not start your operations until we grant a waiver or approve 
the Sundry Notice.



               Subpart 3262_Conducting Drilling Operations



Sec. 3262.10  What operational requirements must I meet when 
drilling a well?

    (a) When drilling a well, you must:
    (1) Keep the well under control at all times by:
    (i) Conducting training during your operation to maintain the 
capability of your personnel to perform emergency procedures quickly and 
effectively;
    (ii) Using properly maintained equipment; and
    (iii) Using operational practices that allow for quick and effective 
emergency response.
    (b) You must use sound engineering principles and take into account 
all pertinent data when:
    (1) Selecting and using drilling fluid types and weights;
    (2) Designing and implementing a system to control fluid 
temperatures;
    (3) Designing and using blowout prevention equipment; and
    (4) Designing and implementing a casing and cementing program.
    (c) Your operation must always comply with the requirements of 
Sec. 3200.4.

[[Page 687]]



Sec. 3262.11  What environmental requirements must I meet when
drilling a well?

    (a) You must conduct your operations in a manner that:
    (1) Protects the quality of surface and subsurface water, air, 
natural resources, wildlife, soil, vegetation, and natural history;
    (2) Protects the quality of cultural, scenic, and recreational 
resources;
    (3) Accommodates, as necessary, other land uses;
    (4) Minimizes noise; and
    (5) Prevents property damage and unnecessary or undue degradation of 
the lands.
    (b) You must remove or, with BLM's approval, properly store all 
equipment and materials that are not in use.
    (c) You must retain all fluids from drilling and testing the well in 
properly designed pits, sumps, or tanks.
    (d) When you no longer need a pit or sump, you must abandon it and 
restore the site as we direct.
    (e) BLM may require you to give us a contingency plan showing how 
you will protect public health and safety, property, and the 
environment.



Sec. 3262.12  Must I post a sign at every well?

    Yes. Before you begin drilling a well, you must post a sign in a 
conspicuous place and keep it there throughout operations until the well 
site is reclaimed. Put the following information on the sign:
    (a) The lessee or operator's name;
    (b) Lease serial number;
    (c) Well number; and
    (d) Well location described by township, range, section, quarter-
quarter section or lot.



Sec. 3262.13  May BLM require me to follow a well spacing program?

    BLM may require you to follow a well spacing program if we determine 
that it is necessary for proper development. If we require well spacing, 
we will consider the following factors when we set well spacing:
    (a) Hydrologic, geologic, and reservoir characteristics of the 
field, minimizing well interference;
    (b) Topography;
    (c) Interference with multiple use of the land; and
    (d) Environmental protection, including ground water.



Sec. 3262.14  May BLM require me to take samples or perform tests
and surveys?

    (a) BLM may require you to take samples or to test or survey the 
well to determine:
    (1) The well's mechanical integrity;
    (2) The identity and characteristics of formations, fluids, or 
gases;
    (3) Presence of geothermal resources, water, or reservoir energy;
    (4) Quality and quantity of geothermal resources;
    (5) Well bore angle and direction of deviation;
    (6) Formation, casing, or tubing pressures;
    (7) Temperatures;
    (8) Rate of heat or fluid flow; and
    (9) Any other necessary well information.
    (b) See Sec. 3264.11 for information on reporting requirements.



                      Subpart 3263_Well Abandonment



Sec. 3263.10  May I abandon a well without BLM's approval?

    (a) You must have a BLM-approved Sundry Notice documenting your 
plugging and abandonment program before you start abandoning any well.
    (b) You must also notify the local BLM office before you begin 
abandonment activities, so that we may witness the work. Contact your 
local BLM office before starting to abandon your well to find out what 
notification we need.



Sec. 3263.11  What information must I give BLM to approve my Sundry
Notice for abandoning a well?

    Send us a Sundry Notice with:
    (a) All the information required in the well completion report (see 
Sec. 3264.10), unless we already have that information;
    (b) A detailed description of the proposed work, including:
    (1) Type, depth, length, and interval of plugs;
    (2) Methods you will use to verify the plugs (tagging, pressure 
testing, etc.);

[[Page 688]]

    (3) Weight and viscosity of mud that you will use in the uncemented 
portions;
    (4) Perforating or removing casing; and
    (5) Restoring the surface; and
    (c) Any other information that we may require.



Sec. 3263.12  How will BLM review my Sundry Notice to abandon 
my well and notify me of their decision?

    (a) When BLM receives your Sundry Notice, we will make sure it is 
complete and review it for compliance with the requirements of 
Sec. 3200.4. We will notify you if we need more information or require 
additional procedures. If we need any further information to complete 
our review, we will contact you in writing and suspend our review until 
we receive the information. If we approve your Sundry Notice, we will 
send you an approved copy once our review is complete. Do not start 
abandonment of the well until we approve your Sundry Notice.
    (b) BLM may orally approve plugging procedures for a well requiring 
immediate action. If we do, you must submit the information required in 
Sec. 3263.11 within 48 hours after we give oral approval.



Sec. 3263.13  What must I do to restore the site?

    You must remove all equipment and materials and restore the site 
according to the terms of your permit or other BLM approval.



Sec. 3263.14  May BLM require me to abandon a well?

    If we determine that your well is no longer needed for geothermal 
resource production, injection, or monitoring, or if we determine that 
the well is not mechanically sound, BLM may order you to abandon the 
well. In either case, if you disagree you may explain to us why the well 
should not be abandoned. We will consider your reasons before we issue 
any final order.



Sec. 3263.15  May I abandon a producible well?

    (a) You may abandon a producible well only after you receive BLM's 
approval. Before abandoning a producing well, send BLM the information 
listed in Sec. 3263.11. We may also require you to explain why you want 
to abandon the well.
    (b) BLM will deny your request if we determine that the well is 
needed:
    (1) To protect a Federal lease from drainage; or
    (2) To protect the environment or other resources of the United 
States.



                Subpart 3264_Reports_Drilling Operations



Sec. 3264.10  What must I submit to BLM after I complete a well?

    You must submit a Geothermal Well Completion Report, Form 3260-4, 
within 30 days after you complete a well. Your report must include the 
following:
    (a) A complete, chronological well history;
    (b) A copy of all logs;
    (c) Copies of all directional surveys; and
    (d) Copies of all mechanical, flow, reservoir, and other test data.



Sec. 3264.11  What must I submit to BLM after I finish subsequent
well operations?

    (a) Submit to BLM a subsequent well operations report within 30 days 
after completing operations. At a minimum, this report must include:
    (1) A complete, chronological history of the work done;
    (2) A copy of all logs;
    (3) Copies of all directional surveys;
    (4) The results of all sampling, tests, or surveys we require you to 
make (see Sec. 3262.14);
    (4) Copies of all mechanical, flow, reservoir, and other test data; 
and
    (5) A statement of whether you achieved your goals. For example, if 
the well was acidized to increase production, state whether the 
production rate increased when you put the well back on line.
    (b) We may waive this reporting requirement for work we determine to 
be routine, such as cleanouts, surveys, or general maintenance. To 
request a waiver, contact BLM. If you do not receive a waiver, you must 
submit the report.

[[Page 689]]



Sec. 3264.12  What must I submit to BLM after I abandon a well?

    Send us a well abandonment report within 30 days after you abandon a 
well. If you plan to restore the site at a later date, you may submit a 
separate report within 30 days after completing site restoration. The 
well abandonment report must contain:
    (a) A complete chronology of all work done;
    (b) A description of each plug, including:
    (1) Type and amount of cement used;
    (2) Depth that the drill pipe or tubing was run to set the plug;
    (3) Depth to top of plug; and
    (4) If the plug was verified, whether it was done by tagging or 
pressure testing; and
    (c) A description of surface restoration procedures.



Sec. 3264.13  What drilling and operational records must I maintain
for each well?

    You must keep the following information for each well, and make it 
available for BLM to inspect, upon request:
    (a) A complete and accurate drilling log, in chronological order;
    (b) All other logs;
    (c) Water or steam analyses;
    (d) Hydrologic or heat flow tests;
    (e) Directional surveys;
    (f) A complete log of all subsequent well operations, such as 
cementing, perforating, acidizing, and well cleanouts; and
    (g) Any other information regarding the well that could affect its 
status.



Sec. 3264.14  How do I notify BLM of accidents occurring on my lease?

    You must orally inform us of all accidents that affect operations or 
create environmental hazards within 24 hours of the accident. When you 
contact us, we may require you to submit a written report fully 
describing the incident.



  Subpart 3265_Inspection, Enforcement, and Noncompliance for Drilling 
                               Operations



Sec. 3265.10  What part of my drilling operations may BLM inspect?

    (a) BLM may inspect all of your Federal drilling operations 
regardless of surface ownership. We will inspect your operations for 
compliance with the requirements of Sec. 3200.4.
    (b) BLM may inspect all of your maps, well logs, surveys, records, 
books, and accounts related to your Federal drilling operations.



Sec. 3265.11  What records must I keep available for inspection?

    You must keep a complete record of all aspects of your activities 
related to your drilling operation available for our inspection. Store 
these records in a place which makes them conveniently available to us. 
Examples of records which we may inspect include:
    (a) Well logs and maps;
    (b) Records, books, and accounts related to your Federal drilling 
operations;
    (c) Directional surveys;
    (d) Records pertaining to casing type and setting;
    (e) Records pertaining to formations penetrated;
    (f) Well test results;
    (g) Records pertaining to characteristics of the geothermal 
resource;
    (h) Records pertaining to emergency procedure training; and
    (i) Records pertaining to operational problems.



Sec. 3265.12  What will BLM do if my operations do not comply with
my permit and applicable regulations?

    (a) We will issue you a written Incident of Noncompliance, directing 
you to take required corrective action within a specific time period. If 
the noncompliance continues or is of a serious nature, we will take one 
or more of the following actions:
    (1) Enter your lease, and correct any deficiencies at your expense;
    (2) Collect all or part of your bond;
    (3) Direct modification or shutdown of your operations; and
    (4) Take other enforcement action under subpart 3213 against a 
lessee who

[[Page 690]]

is ultimately responsible for noncompliance.
    (b) Noncompliance may result in BLM terminating your lease. See 
Secs. 3213.17 through 3213.19.



           Subpart 3266_Confidential, Proprietary Information



Sec. 3266.10  Will BLM disclose information I submit under these 
regulations?

    All Federal and Indian data and information submitted to the BLM are 
subject to part 2 of this title. Part 2 includes the Department of the 
Interior regulations covering public disclosure of data and information 
contained in Department records. Certain mineral information not 
protected from disclosure under part 2 of this title may be made 
available for inspection without a Freedom of Information Act (FOIA) 
request. BLM will not treat surface location, surface elevation, or well 
status information as confidential.



Sec. 3266.11  When I submit confidential, proprietary information,
how can I help ensure that it is not available to the public?

    When you submit data and information that you believe to be exempt 
from disclosure by part 2 of this title, you must clearly mark each page 
that you believe contains confidential information. BLM will keep all 
data and information confidential to the extent allowed by Sec. 2.13(c) 
of this title.



Sec. 3266.12  How long will information I give BLM remain confidential
or proprietary?

    The FOIA does not provide a finite period of time during which 
information may be exempt from public disclosure. BLM reviews each 
situation individually and in accordance with part 2 of this title.



     Subpart 3267_Geothermal Drilling Operations Relief and Appeals



Sec. 3267.10  How do I request a variance from BLM requirements that
apply to my drilling operations?

    (a) You may file a request for a variance from the requirements of 
Sec. 3200.4 for your approved drilling operations. Your request must 
include enough information to explain:
    (1) Why you cannot comply with the requirements of Sec. 3200.4; and
    (2) Why you need the variance to control your well, conserve natural 
resources, or protect public health and safety, property, or the 
environment.
    (b) We may approve your request orally or in writing. If BLM gives 
you an oral approval, we will follow up with written confirmation.



Sec. 3267.11  How may I appeal a BLM decision regarding my drilling
operations?

    You may appeal our decisions regarding your drilling operations in 
accordance with Sec. 3200.5.



        Subpart 3270_Utilization of Geothermal Resources_General



Sec. 3270.10  What types of geothermal operations are governed by
these utilization regulations?

    (a) The regulations in subparts 3270 through 3279 of this part cover 
the permitting and operating procedures for the utilization of 
geothermal resources. This includes:
    (1) Electrical generation facilities;
    (2) Direct use facilities;
    (3) Related utilization facility operations;
    (4) Actual and allocated well field production and injection; and
    (5) Related well field operations.
    (b) The utilization regulations in subparts 3270 through 3279 do not 
address conducting exploration operations, which is covered in subpart 
3250, or drilling wells intended for production or injection, which is 
covered in subpart 3260.



Sec. 3270.11  What general standards apply to my utilization 
operations?

    Your utilization operations must:
    (a) Meet all operational and environmental standards;
    (b) Prevent unnecessary impacts on surface and subsurface resources;
    (c) Result in the maximum ultimate recovery of geothermal resources;
    (d) Result in the beneficial use of geothermal resources, with 
minimum waste;

[[Page 691]]

    (e) Protect public health, safety, and property; and
    (f) Comply with the requirements of Sec. 3200.4.



Sec. 3270.12  What other orders or instructions may BLM issue?

    BLM may issue:
    (a) Geothermal resource operational orders, for detailed 
requirements that apply nationwide;
    (b) Notices to lessees, for detailed requirements on a statewide or 
regional basis;
    (c) Other orders and instructions specific to a field or area;
    (d) Permit conditions of approval; and
    (e) Oral orders, which BLM will confirm in writing.



          Subpart 3271_Utilization Operations: Getting a Permit



Sec. 3271.10  What do I need to start preparing a site and building
and testing a utilization facility on Federal land leased for 
geothermal resources?

    In order to use Federal land to produce geothermal power, you must 
obtain a site license and construction permit from BLM before you start 
preparing the site. Send BLM a plan that shows what you want to do, and 
draft a proposed site license agreement that you think is fair and 
reasonable. We will review your proposal and decide whether to give you 
a permit and license to proceed with work on the site.



Sec. 3271.11  Who may apply for a permit to build a utilization facility?

    The lessee, the facility operator, or the unit operator may apply to 
build a utilization facility.



Sec. 3271.12  What do I need to start preliminary site investigations
that may disturb the surface?

    (a) You must:
    (1) Fully describe your proposed operations in a Sundry Notice; and
    (2) File a bond meeting the requirements of either Sec. 3251.14 or 
Sec. 3273.19. See subparts 3214 and 3215 for additional details on 
bonding procedures.
    (b) Do not begin the site investigation or surface disturbing 
activity until BLM approves your Sundry Notice and bond.



Sec. 3271.13  How do I obtain approval to build pipelines and 
facilities connecting the well field to utilization facilities
not located on Federal lands leased for geothermal resources?

    Before constructing pipelines and well field facilities on Federal 
lands leased for geothermal resources, you as lessee, unit operator, or 
facility operator must submit to BLM a utilization plan and facility 
construction permit addressing any pipelines or facilities. Do not start 
construction of your pipelines or facilities until BLM approves your 
facility construction permit.



Sec. 3271.14  What do I need to do to start building and testing 
a utilization facility if it is not located on Federal lands leased
for geothermal resources?

    (a) You do not need a BLM permit to construct a facility located on 
either:
    (1) Private land; or
    (2) Lands where the surface is privately owned and BLM has leased 
the underlying Federal geothermal resources, when the facility will 
utilize Federal geothermal resources.
    (b) Before testing a utilization facility that is not located on 
Federal lands leased for geothermal resources, send us a Sundry Notice 
describing the testing schedule and the quantity of Federal geothermal 
resources you expect to be delivered to the facility during the testing. 
Do not start delivering Federal geothermal resources to the facility 
until we approve your Sundry Notice.



Sec. 3271.15  How do I get a permit to begin commercial operations?

    Before using Federal geothermal resources, you as lessee, operator, 
or facility operator must send us a completed commercial use permit (see 
Sec. 3274.11). This also applies when you use Federal resources 
allocated through any form of agreement. Do not start any commercial use 
operations until BLM approves your commercial use permit.

[[Page 692]]



     Subpart 3272_Utilization Plan and Facility Construction Permit



Sec. 3272.10  What must I submit to BLM in my utilization plan?

    Submit to BLM an application describing:
    (a) The proposed facilities as required by Sec. 3272.11; and
    (b) The anticipated environmental impacts and how you propose to 
mitigate those impacts, as required by Sec. 3272.12.



Sec. 3272.11  How do I describe the proposed utilization facility?

    Your submission must include:
    (a) A generalized description of all proposed structures and 
facilities, including their size, location, and function;
    (b) A generalized description of proposed facility operations, 
including estimated total production and injection rates; estimated well 
flow rates, pressures, and temperatures; facility net and gross 
electrical generation; and, if applicable, interconnection with other 
utilization facilities. If it is a direct use facility, send us the 
information we need to determine the amount of resource utilized;
    (c) A contour map of the entire utilization site, showing production 
and injection well pads, pipeline routes, facility locations, drainage 
structures, existing and planned access, and lateral roads;
    (d) A description of site preparation and associated surface 
disturbance, including the source for site or road building materials, 
amounts of cut and fill, drainage structures, analysis of all site 
evaluation studies prepared for the site(s), and a description of any 
additional tests, studies, or surveys which are planned to assess the 
geologic suitability of the site(s);
    (e) The source, quality, and proposed consumption rate of water to 
be used during facility operations, and the source and quantity of water 
to be used during facility construction;
    (f) The methods for meeting air quality standards during facility 
construction and operation, especially standards concerning non-
condensable gases;
    (g) An estimated number of personnel needed during construction and 
operation of the facility;
    (h) A construction schedule;
    (i) A schedule for testing of the facility and/or well equipment, 
and for the start of commercial operations;
    (j) A description of architectural landscaping or other measures to 
minimize visual impacts; and
    (k) Any additional information or data that we may require.



Sec. 3272.12  What environmental protection measures must I include
in my utilization plan?

    (a) Describe, at a minimum, your proposed measures to:
    (1) Prevent or control fires;
    (2) Prevent soil erosion;
    (3) Protect surface or ground water;
    (4) Protect fish and wildlife;
    (5) Protect cultural, visual, and other natural resources;
    (6) Minimize air and noise pollution; and
    (7) Minimize hazards to public health and safety during normal 
operations.
    (b) If BLM requires it, you must also describe how you will monitor 
your facility operations to ensure that they comply with the 
requirements of Sec. 3200.4, and applicable noise, air, and water 
quality standards, at all times. We will consult with other involved 
surface management agencies, if any, regarding monitoring requirements. 
You must also include provisions for monitoring other environmental 
parameters we may require.
    (c) Based on what level of impacts that BLM finds your operations 
may cause, we may require you to collect data concerning existing air 
and water quality, noise, seismicity, subsidence, ecological systems, or 
other environmental information for up to 1 year before you begin 
operating. BLM must approve your data collection methodologies, and will 
consult with any other surface managing agencies involved.
    (d) You must also describe how you will abandon utilization 
facilities and restore the site, in order to comply with the 
requirements of Sec. 3200.4.
    (e) Finally, you must submit any additional information or data that 
BLM may require.

[[Page 693]]



Sec. 3272.13  How will BLM review my utilization plan and notify
me of its decision?

    (a) When BLM receives your utilization plan, we will make sure it is 
complete and review it for compliance with Sec. 3200.4.
    (b) If another Federal agency manages the surface of your lease, we 
will consult with that agency as part of the plan review.
    (c) If we need any further information to complete our review, we 
will contact you in writing and suspend our review until we receive the 
information.
    (d) We will notify you in writing of our decision on your plan.



Sec. 3272.14  How do I get a permit to build or test my facility?

    (a) Before building or testing a utilization facility, you must 
submit to BLM a:
    (1) Utilization plan;
    (2) Completed and signed facility construction permit; and
    (3) Completed and signed site license. (See subpart 3273.)
    (b) Do not start building or testing your utilization facility until 
we have approved both your facility construction permit and your site 
license.
    (c) After our review, we will notify you whether we have approved or 
denied your permit, as well as of any conditions we require for 
conducting operations.



              Subpart 3273_How To Apply for a Site License



Sec. 3273.10  When do I need a site license for a utilization 
facility?

    You must obtain a site license approved by BLM, unless your facility 
will be located on lands leased as described in Sec. 3273.11. Do not 
start building or testing your utilization facility on public lands 
leased for geothermal resources until BLM has approved both your 
facility construction permit (see Sec. 3272.14) and your site license. 
The facility operator must apply for the license.



Sec. 3273.11  When is a site license unnecessary?

    You do not need a site license if your facility will be located:
    (a) On private land or on split estate land where the United States 
does not own the surface; or
    (b) On Federal land not leased for geothermal resources. In this 
situation, the Federal surface management agency will issue you the 
permit you need.



Sec. 3273.12  How will BLM review my site license application?

    (a) When BLM receives your site license application, we will make 
sure it is complete. If we need more information for our review, we will 
ask you for that information and stop our review until we receive the 
information.
    (b) If your site license is located on geothermal leases where the 
surface is managed by the Department of Agriculture, we will consult 
with that agency and obtain concurrence before we approve your 
application. The agency may require additional license terms and 
conditions.
    (c) If the land is subject to section 24 of the Federal Power Act, 
we will issue the site license with the terms and conditions requested 
by the Federal Energy Regulatory Commission.
    (d) If another Federal agency manages the surface, we will consult 
with them to determine if they recommend additional license terms and 
conditions.
    (e) After our review, we will notify you whether we approved or 
denied your license, as well as any additional conditions we require.



Sec. 3273.13  What lands are not available for geothermal site 
licenses?

    BLM will not issue site licenses under these regulations for lands 
that are not leased or not available for geothermal leasing (see 
Sec. 3201.11).



Sec. 3273.14  What area does a site license cover?

    A site license covers a reasonably compact tract of Federal land, 
limited to as much of the surface as is necessary to utilize geothermal 
resources. That means the site license area will only include the 
utilization facility

[[Page 694]]

itself and other necessary structures, such as substations and 
processing, repair, or storage facility areas.



Sec. 3273.15  What must I include in my site license application?

    Your site license application must include:
    (a) A description of the boundaries of the land applied for, as 
determined by a certified licensed surveyor. Describe the land by legal 
subdivision, section, township and range, or by approved protraction 
surveys, if applicable;
    (b) The affected acreage;
    (c) The filing fee for a site license application found in the fee 
schedule in Sec. 3000.12 of this chapter;
    (d) A site license bond (see Sec. 3273.19);
    (e) The first year's rent, if applicable (see Sec. 3273.18); and
    (f) Documentation that the lessee or unit operator accepts the 
siting of the facility, if the facility operator is neither the lessee 
nor the unit operator.

[72 FR 24400, May 2, 2007, as amended at 72 FR 50887, Sept. 5, 2007]



Sec. 3273.16  What is the annual rent for a site license?

    BLM will specify the annual rent in your license and the date you 
must pay it, if you are required to pay rent (see Sec. 3273.18). Your 
rent will be at least $100 per acre or fraction thereof for an 
electrical generation facility, and at least $10 per acre or fraction 
thereof for a direct use facility. Send the first year's rent to BLM, 
and all subsequent rental payments to MMS under 30 CFR part 218.



Sec. 3273.17  When may BLM reassess the annual rent for my site 
license?

    BLM may reassess the rent for lands covered by the license, 
beginning with the 10th year and every 10 years after that.



Sec. 3273.18  What facility operators must pay the annual site
license rent?

    If you are a lessee siting a utilization facility on your own lease, 
or a unit operator siting a utilization facility on leases committed to 
the unit, you are not required to pay rent. Only a facility operator who 
is not also a lessee or unit operator must pay rent.



Sec. 3273.19  What are the bonding requirements for a site license?

    (a) For an electrical generation facility, the facility operator 
must submit a surety or personal bond to BLM for at least $100,000 that 
meets the requirements of subpart 3214.BLM may increase the required 
bond amount. See subparts 3214 and 3215 for additional details on 
bonding procedures.
    (b) For a direct use facility, the facility operator must submit a 
surety or personal bond to BLM that meets the requirements of subpart 
3214 in an amount BLM will specify.
    (c) The bond's terms must cover compliance with the requirements of 
Sec. 3200.4.
    (d) Until BLM approves your bond, do not start construction, 
testing, or any other activity that would disturb the surface.



Sec. 3273.20  When will BLM release my bond?

    We will release your bond after you request it and we determine that 
you have:
    (a) Removed the utilization facility and all associated equipment;
    (b) Reclaimed the land; and
    (c) Met all the requirements of Sec. 3200.4.



Sec. 3273.21  What are my obligations under the site license?

    As the facility operator, you:
    (a) Must comply with the requirements of Sec. 3200.4;
    (b) Are liable for all damages to the lands, property, or resources 
of the United States caused by yourself, your employees, or your 
contractors or their employees;
    (c) Must indemnify the United States against any liability for 
damages or injury to persons or property arising from the occupancy or 
use of the lands authorized under the site license; and
    (d) Must restore any disturbed surface, and remove all structures 
when they are no longer needed for facility construction or operation. 
This includes the utilization facility if you cannot operate the 
facility and you are not diligent in your efforts to return the facility 
to operation.

[[Page 695]]



Sec. 3273.22  How long will my site license remain in effect?

    (a) The primary term of a site license is 30 years, with a 
preferential right to renew the license under terms and conditions set 
by BLM.
    (b) If your lease on which the licensed site is located ends, you 
may apply for a facility permit under Section 501 of FLPMA, 43 U.S.C. 
1761, if your facility is on BLM-managed lands. Otherwise, you must get 
permission from the surface management agency to continue using the 
surface for your facility.



Sec. 3273.23  May I renew my site license?

    (a) You have a preferential right to renew your site license under 
terms and conditions BLM determines.
    (b) If your site license is located on leased lands managed by the 
Department of Agriculture, we will consult with the surface management 
agency and obtain concurrence before renewing your license. The agency 
may require additional license terms and conditions. If another Federal 
agency manages the surface, we will consult with them before granting 
your renewal.



Sec. 3273.24  When may BLM terminate my site license?

    (a) BLM may terminate a site license by written order. We may 
terminate your site license if you:
    (1) Do not comply with the requirements of Sec. 3270.11; or
    (2) Do not comply with the requirements of Sec. 3200.4.
    (b) To prevent termination, you must correct the violation within 30 
days after you receive a correction order from BLM, unless we determine 
that:
    (1) The violation cannot be corrected within 30 days; and
    (2) You are diligently attempting to correct it.



Sec. 3273.25  When may I relinquish my site license?

    You may request approval to relinquish your site license by sending 
BLM a written notice requesting relinquishment review and approval. We 
will not approve the relinquishment until you comply with Sec. 3273.21.



Sec. 3273.26  When may I assign or transfer my site license?

    You may assign or transfer your site license in whole or in part. 
Send BLM your completed and signed transfer application and the filing 
fee for assignment or transfer of site license found in the fee schedule 
in Sec. 3000.12 of this chapter. Your application must include a written 
statement that the transferee will comply with all license terms and 
conditions, and that the lessee accepts the transfer. The transferee 
must submit a bond meeting the requirements of Sec. 3273.19. The 
transfer is not effective until we approve the bond and site license 
transfer.

[72 FR 24400, May 2, 2007, as amended at 72 FR 50887, Sept. 5, 2007]



     Subpart 3274_Applying for and Obtaining a Commercial Use Permit



Sec. 3274.10  Do I need a commercial use permit to start commercial
operations?

    You must have a commercial use permit approved by BLM before you 
begin commercial operations from a Federal lease, a Federal unit, or a 
utilization facility.



Sec. 3274.11  What must I give BLM to approve my commercial use
permit application?

    Submit a completed and signed commercial permit form, to BLM, 
containing the following information:
    (a) The design specifications, and the inspection and calibration 
schedule of production, injection, and royalty meters;
    (b) A schematic diagram of the utilization site or individual well, 
showing the location of each production and royalty meter. If the sales 
point is located off the utilization site, give us a generalized 
schematic diagram of the electrical transmission or pipeline system, 
including meter locations;
    (c) A copy of the sales contract for the sale and/or utilization of 
geothermal resources;
    (d) A description and analysis of reservoir, production, and 
injection characteristics, including the flow rates,

[[Page 696]]

temperatures, and pressures of each production and injection well;
    (e) A schematic diagram of each production and injection well 
showing the wellhead configuration, including meters;
    (f) A schematic flow diagram of the utilization facility, including 
interconnections with other facilities, if applicable;
    (g) A description of the utilization process in sufficient detail to 
enable BLM to determine whether the resource will be utilized in a 
manner consistent with law and regulations;
    (h) The planned safety provisions for emergency shutdown to protect 
public health, safety, property, and the environment. This should 
include a schedule for the testing and maintenance of safety devices;
    (i) The environmental and operational parameters that will be 
monitored during the operation of the facility and/or well(s); and
    (j) Any additional information or data that we may require.



Sec. 3274.12  How will BLM review my commercial use permit
application?

    (a) When BLM receives your completed and signed commercial use 
permit application, we will make sure it is complete and review it for 
compliance with Sec. 3200.4.
    (b) If another Federal agency manages the surface of your lease, we 
will consult with that agency before we approve your commercial use 
permit.
    (c) We will review your commercial use permit to make sure it 
conforms with your utilization plan and any mitigation measures we 
developed while reviewing your plan.
    (d) We will check your commercial use permit for technical adequacy, 
and will ensure that your meters meet the accuracy standards (see 
Secs. 3275.14 and 3275.15).
    (e) If we need any further information to complete our review, we 
will contact you in writing and suspend our review until we receive the 
information.
    (f) After our review, we will notify you whether your permit has 
been approved or denied, as well as any conditions of approval.



Sec. 3274.13  May I get a permit even if I cannot currently 
demonstrate I can operate within required standards?

    Yes, but we may limit your operations to a prescribed set of 
activities and a set period of time, during which we will give you a 
chance to show you can operate within environmental and operational 
standards, based on actual facility and well data you collect. Send us a 
Sundry Notice to get BLM approval for extending your permit. If during 
this set time period you still cannot demonstrate your ability to 
operate within the required standards, we will terminate your 
authorization. You must then stop all operations and restore the surface 
to the standards we set in the termination notice.



             Subpart 3275_Conducting Utilization Operations



Sec. 3275.10  How do I change my operations if I have an approved 
facility construction or commercial use permit?

    Send BLM a completed and signed Sundry Notice describing your 
proposed change. Until we approve your Sundry Notice, you must continue 
to comply with the original permit terms.



Sec. 3275.11  What are a facility operator's obligations?

    You must:
    (a) Keep the facility in proper operating condition at all times by;
    (1) Conducting training during your operation to ensure that your 
personnel are capable of performing emergency procedures quickly and 
effectively;
    (2) Using properly maintained equipment; and
    (3) Using operational practices that allow for quick and effective 
emergency response.
    (b) Base the design of the utilization facility siting and operation 
on sound engineering principles and other pertinent geologic and 
engineering data;
    (c) Prevent waste of, or damage to, geothermal and other energy and 
minerals resources; and
    (d) Comply with the requirements of Sec. 3200.4.

[[Page 697]]



Sec. 3275.12  What environmental and safety requirements apply 
to facility operations?

    (a) You must perform all utilization facility operations in a manner 
that:
    (1) Protects the quality of surface and subsurface waters, air, and 
other natural resources, including wildlife, soil, vegetation, and 
natural history;
    (2) Prevents unnecessary or undue degradation of the lands;
    (3) Protects the quality of cultural, scenic, and recreational 
resources;
    (4) Accommodates other land uses as much as possible;
    (5) Minimizes noise;
    (6) Prevents injury; and
    (7) Prevents damage to property.
    (b) You must monitor facility operations to identify and address 
local environmental resources and concerns associated with your facility 
or lease operations.
    (c) You must remove or, with BLM approval, properly store all 
equipment and materials not in use.
    (d) You must properly abandon the facility and reclaim any disturbed 
surface to standards approved or prescribed by us, when the land is no 
longer needed for facility construction or operation.
    (e) When we require, you must submit a contingency plan describing 
procedures to protect public health and safety, property, and the 
environment.
    (f) You must comply with the requirements of Sec. 3200.4.



Sec. 3275.13  How must the facility operator measure the geothermal
resources?

    The facility operator must:
    (a) Measure all production, injection and utilization in accordance 
with methods and standards approved by BLM (see Sec. 3275.15);
    (b) Maintain and test all metering equipment. If your equipment is 
defective or out of tolerance, you must promptly recalibrate, repair, or 
replace it; and
    (c) Determine the amount of production and/or utilization in 
accordance with methods and procedures approved by BLM (see 
Sec. 3275.17).



Sec. 3275.14  What aspects of my geothermal operations must
I measure?

    (a) For all well operations, you must measure wellhead flow, 
wellhead temperature, and wellhead pressure.
    (b) For all electrical generation facilities, you must measure:
    (1) Steam and/or hot water flow entering the facility;
    (2) Temperature of the water and/or steam entering the facility;
    (3) Pressure of the water and/or steam entering the facility;
    (4) Gross electricity generated;
    (5) Net electricity at the facility tailgate;
    (6) Electricity delivered to the sales point; and
    (7) Temperature of the steam and/or hot water exiting the facility.
    (c) For direct use facilities, you must measure:
    (1) Flow of steam and/or hot water; and
    (2) Temperature of the steam or water entering the facility.
    (d) We may also require additional measurements, depending on the 
type of facility, the type and quality of the resource, and the terms of 
the sales contract.



Sec. 3275.15  How accurately must I measure my production and
utilization?

    It depends on whether you use a meter to calculate Federal 
production or royalty, and what quantity of resource you are measuring.
    (a) For meters that you use to calculate Federal royalty:
    (1) If the meter measures electricity, it must have an accuracy of 
0.25% or better of reading;
    (2) If the meter measures steam flowing at more than 100,000 lbs/hr 
on a monthly basis, it must have an accuracy reading of 2 percent or 
better;
    (3) If the meter measures steam flowing at less than 100,000 lbs/hr 
on a monthly basis, it must have an accuracy reading of 4 percent or 
better;
    (4) If the meter measures water flowing at more than 500,000 lbs/hr 
on a monthly basis, it must have an accuracy reading of 2 percent or 
better;
    (5) If the meter measures water flowing at 500,000 lbs/hr or less on 
a monthly basis, it must have an accuracy reading of 4 percent or 
better;

[[Page 698]]

    (6) If the meter measures heat content, it must have an accuracy 
reading of 4 percent, or better; or
    (7) If the meter measures two-phase flow at any rate, BLM will 
determine and inform you of the meter accuracy requirements. You must 
obtain our prior written approval before installing and using meters for 
two-phase flow.
    (b) Any meters that you do not use to calculate Federal royalty are 
considered production meters, which must maintain an accuracy of 5 
percent or better.
    (c) We may modify these requirements as necessary to protect the 
interests of the United States.



Sec. 3275.16  What standards apply to installing and maintaining 
meters?

    (a) You must install and maintain all meters that we require, either 
according to the manufacturer's recommendations and specifications or 
paragraphs (b) through (e) of this section, whichever are more 
restrictive.
    (b) If you use an orifice plate to calculate Federal royalty, the 
orifice plate installation must comply with ``API Manual of Petroleum 
Measurement Standards, Chapter 14, Section 3, Part 2, Fourth Edition, 
April 2000.''
    (c) For meters used to calculate Federal royalty, you must calibrate 
the meter against a known standard as follows:
    (1) You must annually calibrate meters measuring electricity;
    (2) You must calibrate meters measuring steam or hot water flow with 
a turbine, vortex, ultrasonics, or other linear devices, every 6 months, 
or as recommended by the manufacturer, whichever is more frequent; and
    (3) You must calibrate meters measuring steam or hot water flow with 
an orifice plate, venturi, pitot tube, or other differential device, 
every month, and you must inspect and repair the primary device (orifice 
plate, venturi, pitot tube) annually.
    (d) You must use calibration equipment that is more accurate than 
the equipment you are calibrating.
    (e) BLM may modify any of these requirements as necessary to protect 
the resources of the United States.



Sec. 3275.17  What must I do if I find an error in a meter?

    (a) If you find an error in a meter used to calculate Federal 
royalty, you must correct the error immediately and notify BLM by the 
next working day of its discovery.
    (b) If the meter is not used to calculate Federal royalty, you must 
correct the error and notify us within 3 working days after its 
discovery.
    (c) If correcting the error will cause a change in the sales 
quantity of more than 2 percent for the month(s) in which the error 
occurred, you must adjust the sales quantity for that month(s) and 
submit an amended facility report to us within 3 working days.



Sec. 3275.18  May BLM require me to test for byproducts associated
with geothermal resource production?

    You must conduct any tests we require, including tests for 
byproducts, if we find it necessary to require such tests for a given 
operation.



Sec. 3275.19  How do I apply to commingle production?

    To request approval to commingle production, send us a completed and 
signed Sundry Notice. We will review your request to commingle 
production from wells on your lease with production from your other 
leases or from leases where you do not have an interest. Do not 
commingle production until we have approved your Sundry Notice.



Sec. 3275.20  What will BLM do if I waste geothermal resources?

    We will determine the amount of any resources you have lost through 
waste. If you did not take all reasonable precautions to prevent waste, 
we will require you to pay compensation based on the value of the lost 
production. If BLM finds that you have not adequately corrected the 
situation, we will follow the noncompliance procedures in Sec. 3277.12.



Sec. 3275.21  May BLM order me to drill and produce wells on my lease?

    BLM may order you to drill and produce wells on your lease when we 
find it necessary to protect Federal interests, prevent drainage, or 
ensure that lease development and production

[[Page 699]]

occur in accordance with sound operating practices.



              Subpart 3276_Reports: Utilization Operations



Sec. 3276.10  What are the reporting requirements for facility 
and lease operations involving Federal geothermal resources?

    (a) When you begin commercial production and operation, you must 
notify BLM in writing within 5 business days.
    (b) Submit completed and signed monthly reports thereafter to BLM as 
follows:
    (1) If you are a lessee or unit operator supplying Federal 
geothermal resources to a utilization facility on Federal land leased 
for geothermal resources, submit a monthly report of well operations for 
all wells on your lease or unit;
    (2) If you are the operator of a utilization facility on Federal 
land leased for geothermal resources, submit a monthly report of 
facility operations;
    (3) If you are both a lessee or unit operator and the operator of a 
utilization facility on Federal land leased for geothermal resources, 
you may combine the requirements of paragraphs (b)(1) and (b)(2) of this 
section into one report; or
    (4) If you are a lessee or unit operator supplying Federal 
geothermal resources to a utilization facility not located on Federal 
land leased for geothermal resources, and the sales point for the 
resource utilized is at the facility tailgate, submit all the 
requirements of paragraphs (b)(1) and (b)(2) of this section. You may 
combine these into one report.
    (c) Unless BLM grants a variance, your reports must be received by 
BLM by the end of the month following the month that the report covers. 
For example, the report covering the month of July is due by August 31.



Sec. 3276.11  What information must I include for each well in the
monthly report of well operations?

    (a) Any drilling operations or changes made to a well;
    (b) Total production or injection in thousands of pounds (klbs);
    (c) Production or injection temperature in degrees Fahrenheit (deg. 
F);
    (d) Production or injection pressure in pounds per square inch 
(psi). You must also specify whether this is gauge pressure (psig) or 
absolute pressure (psia);
    (e) The number of days the well was producing or injecting;
    (f) The well status at the end of the month;
    (g) The amount of steam or hot water lost to venting or leakage, if 
the amount is greater than 0.5 percent of total lease production. We may 
modify this standard by a written order describing the change;
    (h) The lease number or unit name where the well is located;
    (i) The month and year to which the report applies;
    (j) Your name, title, signature, and a phone number where BLM may 
contact you; and
    (k) Any other information that we may require.



Sec. 3276.12  What information must I give BLM in the monthly
report for facility operations?

    (a) For all electrical generation facilities, include in your 
monthly report of facility operations:
    (1) Mass of steam and/or hot water, in klbs, used or brought into 
the facility. For facilities using both steam and hot water, you must 
report the mass of each;
    (2) The temperature of the steam or hot water in deg. F;
    (3) The pressure of the steam or hot water in psi. You must also 
specify whether this is psig or psia;
    (4) Gross generation in kilowatt hours (kwh);
    (5) Net generation at the tailgate of the facility in kwh;
    (6) Temperature in deg. F and volume of the steam or hot water 
exiting the facility;
    (7) The number of hours the plant was on line;
    (8) A brief description of any outages; and
    (9) Any other information we may require.
    (b) For electrical generation facilities where Federal royalty is 
based on the sale of electricity to a utility, in

[[Page 700]]

addition to the information required under paragraph (a) of this 
section, you must include the following information in your monthly 
report of facility operations:
    (1) Amount of electricity delivered to the sales point in kwh, if 
the sales point is different from the tailgate of the facility;
    (2) Amount of electricity lost to transmission;
    (3) A report from the utility purchasing the electricity documenting 
the total number of kwh delivered to the sales point during the month, 
or monthly reporting period if it is not a calendar month, and the 
number of kwh delivered during diurnal and seasonal pricing periods; and
    (4) Any other information we may require.



Sec. 3276.13  What additional information must I give BLM in the 
monthly report for flash and dry steam facilities?

    In addition to the regular monthly report information required by 
Sec. 3276.12, send to BLM:
    (a) Steam flow into the turbine in klbs; for dual flash facilities, 
you must separate the steam flow into high pressure steam and low 
pressure steam;
    (b) Condenser pressure in psia;
    (c) Condenser temperature in deg. F;
    (d) Auxiliary steam flow used for gas ejectors, steam seals, pumps, 
etc., in klbs;
    (e) Flow of condensate out of the plant (after the cooling towers) 
in klbs; and
    (f) Any other information we may require.



Sec. 3276.14  What information must I give BLM in the monthly report
for direct use facilities?

    (a) Total monthly flow through the facility in thousands of gallons 
(kgal) or klbs;
    (b) Monthly average temperature in, in deg. F;
    (c) Number of hours that geothermal heat was used; and
    (d) Any other information we may require.



Sec. 3276.15  How must I notify BLM of accidents occurring at my 
utilization facility?

    You must orally inform us of all accidents that affect operations or 
create environmental hazards within 24 hours after each accident. When 
you contact us, we may require you to submit a written report fully 
describing the incident.



        Subpart 3277_Inspections, Enforcement, and Noncompliance



Sec. 3277.10  When will BLM inspect my operations?

    BLM may inspect all operations to ensure compliance with the 
requirements of Sec. 3200.4. You must give us access during normal 
operating hours to inspect all facilities utilizing Federal geothermal 
resources.



Sec. 3277.11  What records must I keep available for inspection?

    (a) The operator or facility operator must keep all records and 
information pertaining to the operation of your utilization facility, 
royalty and production meters, and safety training available for BLM 
inspection for a period of 6 years following the time the records and 
information are created.
    (b) This requirement also pertains to records and information from 
meters located off your lease or unit, when BLM needs them to determine:
    (1) Resource production to a utilization facility; or
    (2) The allocation of resource production to your lease or unit.
    (c) Store all of these records in a place where they are 
conveniently available.



Sec. 3277.12  What will BLM do if I do not comply with all BLM 
requirements pertaining to utilization operations?

    (a) We will issue you a written Incident of Noncompliance, directing 
you to take required corrective action within a specific time period. If 
the noncompliance continues or is serious in nature, BLM will take one 
or more of the following actions:
    (1) Enter the lease, and correct any deficiencies at your expense;

[[Page 701]]

    (2) Collect all or part of your bond;
    (3) Order modification or shutdown of your operations; and
    (4) Take other enforcement action against a lessee who is ultimately 
responsible for the noncompliance.
    (b) Noncompliance may result in BLM terminating your lease (see 
Secs. 3213.17 through 3213.19).



           Subpart 3278_Confidential, Proprietary Information



Sec. 3278.10  When will BLM disclose information I submit under these
regulations?

    All Federal and Indian data and information submitted to BLM are 
subject to part 2 of this title. Part 2 includes the regulations of the 
Department of the Interior covering public disclosure of data and 
information contained in Department records. Certain mineral information 
not protected from disclosure under part 2 may be made available for 
inspection without a Freedom of Information Act (FOIA) request. Examples 
of information we will not treat as confidential include:
    (a) Facility location;
    (b) Facility generation capacity; or
    (c) To whom you are selling electricity or produced resources.



Sec. 3278.11  When I submit confidential, proprietary information,
how can I help ensure it is not available to the public?

    When you submit data and information that you believe to be exempt 
from disclosure under part 2 of this title, you must clearly mark each 
page that you believe contains confidential information. BLM will keep 
all data and information confidential to the extent allowed by 
Sec. 2.13(c) of this title.



Sec. 3278.12  How long will information I give BLM remain confidential
or proprietary?

    The FOIA does not provide a finite period of time during which 
information may be exempt from public disclosure. BLM will review each 
situation individually and in accordance with part 2 of this title.



               Subpart 3279_Utilization Relief and Appeals



Sec. 3279.10  When may I request a variance from BLM requirements
pertaining to utilization operations?

    (a) You may file a request with BLM for a variance for your approved 
utilization operations from the requirements of Sec. 3200.4. Your 
request must include enough information to explain:
    (1) Why you cannot comply with the requirements; and
    (2) Why you need the variance to operate your facility, conserve 
natural resources, or protect public health and safety, property, or the 
environment.
    (b) We may approve your request orally or in writing. If we give you 
oral approval, we will follow up with written confirmation.



Sec. 3279.11  How may I appeal a BLM decision regarding my utilization
operations?

    You may appeal our decision affecting your utilization operations in 
accordance with Sec. 3200.5.



PART 3280_GEOTHERMAL RESOURCES UNIT AGREEMENTS--Table of Contents



        Subpart 3280_Geothermal Resources Unit Agreements_General

Sec.
3280.1  What is the purpose and scope of this part?
3280.2  Definitions.
3280.3  What is BLM's general policy regarding the formation of unit 
          agreements?
3280.4  When may BLM require Federal lessees to unitize their leases or 
          require a Federal lessee to commit a lease to a unit?
3280.5  May BLM require the modification of lease requirements in 
          connection with the creation and operation of a unit 
          agreement?
3280.6  When may BLM require a unit operator to modify the rate of 
          exploration, development, or production?
3280.7  Can BLM require an owner or lessee of lands not under Federal 
          administration to unitize their lands or leases?

   Subpart 3281_Application, Review, and Approval of a Unit Agreement

3281.1  What steps must I must follow for BLM to approve my unit 
          agreement?

[[Page 702]]

3281.2  What documents must the unit operator submit to BLM before we 
          may designate a unit area?
3281.3  What geologic information may a unit operator use in proposing a 
          unit area?
3281.4  What are the size and shape requirements for a unit area?
3281.5  What happens if BLM receives applications that include 
          overlapping unit areas?
3281.6  What action will BLM take after reviewing a proposed unit area 
          designation?
3281.7  What documents must a unit operator submit to BLM before we will 
          approve a unit agreement?
3281.8  Must a unit operator provide working interests within the 
          designated unit area the opportunity to join the unit?
3281.9  How does a unit operator provide documentation to BLM of lease 
          and tract commitment status?
3281.10  How will BLM determine that I have sufficient control of the 
          proposed unit area?
3281.11  What are the unit operator qualifications?
3281.12  Who designates the unit operator?
3281.13  Is there a format or model a unit operator must use when 
          proposing a unit agreement?
3281.14  What minimum requirements and terms must be incorporated into 
          the unit agreement?
3281.15  What is the minimum initial unit obligation a unit agreement 
          must contain?
3281.16  When must a Plan of Development be submitted to BLM?
3281.17  What information must be provided in the Plan of Development?
3281.18  What action will BLM take in reviewing the Plan of Development?
3281.19  What action will BLM take on a proposed unit agreement?
3281.20  When is a unit agreement effective?

                     Subpart 3282_Participating Area

3282.1  What is a participating area?
3282.2  When must the unit operator have a participating area approved?
3282.3  When must the unit operator submit an application for BLM 
          approval of a proposed initial participating area?
3282.4  What general information must the unit operator submit with a 
          proposed participating area application?
3282.5  What technical information must the unit operator submit with a 
          proposed participating area application?
3282.6  When must the unit operator propose to revise a participating 
          area boundary?
3282.7  What is the effective date of an initial participating area or 
          revision of an existing participating area?
3282.8  What are the reasons BLM would not approve a revision of the 
          participating area boundary?
3282.9  How is production allocated within a participating area?
3282.10  When will unleased Federal lands in a participating area 
          receive a production allocation?
3282.11  May a participating area continue if there is intermittent unit 
          production?
3282.12  When does a participating area terminate?

            Subpart 3283_Modifications to the Unit Agreement

3283.1  When may the unit operator modify the unit agreement?
3283.2  When may the unit operator revise the unit contraction provision 
          of a unit agreement?
3283.3  How will the unit operator know the status of a unit contraction 
          revision request?
3283.4  When may the unit operator add lands to or remove lands from a 
          unit agreement?
3283.5  When will BLM periodically review unit agreements?
3283.6  What is the purpose of BLM's periodic review?
3283.7  When may unit operators be changed?
3283.8  What must be filed with BLM to change the unit operator?
3283.9  When is a change of unit operator effective?
3283.10  If there is a change in the unit operator, when does the 
          previous operator's liability end?
3283.11  Do the terms and conditions of a unit agreement modify Federal 
          lease stipulations?
3283.12  Are transferees and successors in interest of Federal 
          geothermal leases bound by the terms and conditions of the 
          unit agreement?

                      Subpart 3284_Unit Operations

3284.1  What general standards apply to operations within a unit?
3284.2  What are the principal operational responsibilities of the unit 
          operator?
3284.3  What happens if the minimum initial unit obligations are not 
          met?
3284.4  How are unit agreement terms affected after completion of the 
          initial unit well?
3284.5  How do unit operations affect lease extensions?
3284.6  May BLM authorize a working interest owner to drill a well on 
          lands committed to the unit?
3284.7  May BLM authorize operations on uncommitted Federal leases 
          located within a unit?
3284.8  May a unit have multiple operators?

[[Page 703]]

3284.9  May BLM set or modify production or injection rates?
3284.10  What must a unit operator do to prevent or compensate for 
          drainage?
3284.11  Must the unit operator develop and operate on every lease or 
          tract in the unit to comply with the obligations in the 
          underlying leases or agreements?
3284.12  When must the unit operator notify BLM of any changes of lease 
          and tract commitment status?

                      Subpart 3285_Unit Termination

3285.1  When may BLM terminate a unit agreement?
3285.2  When may BLM approve a voluntary termination of a unit 
          agreement?

                    Subpart 3286_Model Unit Agreement

3286.1  Model Unit Agreement.

                     Subpart 3287_Relief and Appeals

3287.1  May the unit operator request a suspension of unit obligations 
          or development requirements?
3287.2  When may BLM grant a suspension of unit obligations?
3287.3  How does a suspension of unit obligations affect the terms of 
          the unit agreement?
3287.4  May a decision made by BLM under this part be appealed?

    Authority: 30 U.S.C. 1001-1028 and 43 U.S.C. 1701 et seq.

    Source: 72 FR 24432, May 2, 2007, unless otherwise noted.



        Subpart 3280_Geothermal Resources Unit Agreements_General



Sec. 3280.1  What is the purpose and scope of this part?

    (a) The purpose of this part is to provide holders of Federal and 
non-Federal geothermal leases and owners of non-Federal mineral 
interests the opportunity to unite under a Federal geothermal unit 
agreement to explore for and develop geothermal resources in a manner 
that is necessary or advisable in the public interest.
    (b) These regulations identify:
    (1) The procedures a prospective unit operator must follow to 
receive BLM approval for unit area designation and a Federal geothermal 
unit agreement;
    (2) The operational requirements a unit operator must meet once the 
unit agreement is approved; and
    (3) The procedures BLM will follow in reviewing, approving, and 
administering a Federal geothermal unit agreement.



Sec. 3280.2  Definitions.

    The following terms, as used in this part or in any agreement 
approved under the regulations in this part, have the following meanings 
unless otherwise defined in such agreement:
    Minimum initial unit obligation means the requirement to complete at 
least one unit well within the timeframe specified in the unit 
agreement. If this requirement is not met, BLM deems the unit void as 
though it was never in effect.
    Participating area means that part of the unit area that BLM deems 
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.
    Plan of development means the document a unit operator submits to 
BLM defining how the unit operator will diligently pursue unit 
exploration and development to meet both initial and subsequent unit 
development and public interest obligations.
    Public interest means operations within a geothermal unit resulting 
in:
    (1) Diligent development;
    (2) Efficient exploration, production and utilization of the 
resource;
    (3) Conservation of natural resources; and
    (4) Prevention of waste.
    Reasonably proven to produce means a sufficient demonstration, based 
on scientific and technical information, that lands are contributing to 
unit production in commercial quantities or are providing reservoir 
pressure support for unit production.
    Unit agreement means an agreement for the exploration, development, 
production, and utilization of separately owned interests in the 
geothermal resources made subject thereto as a single consolidated unit 
without regard to separate ownerships, which provides for the allocation 
of costs and benefits on a basis defined in the agreement or plan.

[[Page 704]]

    Unit area means the area described in a unit agreement as 
constituting the land logically subject to development under such 
agreement.
    Unit contraction provision means a term of a unit agreement 
providing that the boundaries of the unit area will contract to the size 
of the participating area, by having those lands outside of the 
participating area removed. BLM will contract the unit area if 
additional unit wells are not drilled and completed within the timeframe 
specified in the unit agreement.
    Unit operator means 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.
    Unit well means a well that is:
    (1) Designed to produce or utilize geothermal resources in 
commercial quantities;
    (2) Drilled and completed to the bona fide geologic objective 
specified in the unit agreement, unless a commercial resource is found 
at a shallower depth; and
    (3) Located on unitized land.
    Unitized land means the part of a unit area committed to a unit 
agreement.
    Unitized substances means deposits of geothermal resources recovered 
from unitized land by operation under and pursuant to a unit agreement.
    Working interest means 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 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.



Sec. 3280.3  What is BLM's general policy regarding the formation of
unit agreements?

    For the purpose of more properly conserving the natural resources of 
any geothermal reservoir, field, or like area, or any part thereof, 
lessees and their representatives may unite with each other, or jointly 
or separately with others, in collectively adopting and operating under 
a unit agreement for the reservoir, field, or like area, or any part 
thereof, including direct use resources, if BLM determines and certifies 
this to be necessary or advisable in the public interest.



Sec. 3280.4  When may BLM require Federal lessees to unitize their 
leases or require a Federal lessee to commit a lease to a unit?

    (a) BLM may initiate the formation of a unit agreement, or require 
an existing Federal lease to commit to a unit agreement, if in the 
public interest.
    (b) BLM may require that Federal leases that become effective on or 
after August 8, 2005, contain a provision stating that BLM may require 
commitment of the lease to a unit agreement, and may prescribe the unit 
agreement to which such lease must commit to protect the rights of all 
parties in interest, including the United States.



Sec. 3280.5  May BLM require the modification of lease requirements
in connection with the creation and operation of a unit agreement?

    (a) BLM may, with the consent of the lessees involved, establish, 
alter, change, or revoke rates of operations (including drilling, 
operations, production, and other requirements) of the leases, and make 
conditions with respect to the leases, in connection with the creation 
and operation of any such unit agreement as BLM may consider necessary 
or advisable to secure the protection of the public interest.
    (b) If leases to be included in a unit have unlike lease terms, such 
leases need not be modified to be in the same unit.



Sec. 3280.6  When may BLM require a unit operator to modify the rate
of exploration, development, or production?

    BLM may require a unit agreement applying to lands owned by the 
United States to contain a provision under which BLM or an entity 
designated in the unit agreement may alter or modify, from time-to-time, 
the rate of resource exploration or development, or production quantity 
or rate, under the unit agreement.

[[Page 705]]



Sec. 3280.7  Can BLM require an owner or lessee of lands not under 
Federal administration to unitize their lands or leases?

    BLM cannot require the commitment of lands or leases not under 
Federal administration or jurisdiction to a Federal unit.



   Subpart 3281_Application, Review, and Approval of a Unit Agreement



Sec. 3281.1  What steps must I follow for BLM to approve my unit
agreement?

    Before a unit agreement becomes effective, BLM must designate the 
unit area and approve the unit agreement. Procedures for designating the 
unit area are set forth in Secs. 3281.2 through 3281.6. Procedures for 
approving the unit agreement are set forth in Secs. 3281.7 through 
3281.17.



Sec. 3281.2  What documents must the unit operator submit to BLM 
before we may designate a unit area?

    (a) The unit operator must submit the following documents before BLM 
may designate a proposed unit area:
    (1) A report detailing the geologic information and interpretation 
that indicates, to the satisfaction of BLM, the proposed area is 
geologically appropriate for unitization;
    (2) A map showing:
    (i) The proposed unit area;
    (ii) All leases (including Federal, state, or private) and tracts 
(unleased privately owned land or mineral rights);
    (iii) The Federal lease number and lessee; and
    (iv) An individual unit tract number;
    (3) A list which includes the following information as to each 
Federal, state, and private lease, and tracts of unleased land, to be 
included in the unit:
    (i) The lease number;
    (ii) The legal land description of each lease and tract;
    (iii) The acreage of each lease or tract;
    (iv) The lessor and lessee of each lease;
    (v) The mineral rights owner of any unleased tract; and
    (vi) The total number of acres:
    (A) In the unit area;
    (B) Under Federal administration; and
    (C) In private or other (such as state) ownership; and
    (4) Any other information BLM may require.
    (b) Before submitting any documents, ask BLM how many copies are 
required.



Sec. 3281.3  What geologic information may a unit operator use in 
proposing a unit area?

    (a) A unit operator may use any reasonable geologic information 
necessary to justify its proposed unit area. The information must 
document that the proposed unit area is:
    (1) Geologically contiguous; and
    (2) Suitable for resource exploration, development and production 
under a unit agreement.
    (b) BLM will decide which information and interpretations are 
acceptable. BLM's acceptance of the information and interpretations may 
vary depending on the types and level of geologic information available 
for the area.



Sec. 3281.4  What are the size and shape requirements for a unit area?

    There are no specific size or shape requirements for a unit area, 
except that it must meet the requirements of Sec. 3281.3. The size of 
the unit area may affect the minimum initial unit obligation 
requirements (see Sec. 3281.15(b)).



Sec. 3281.5  What happens if BLM receives applications that include
overlapping unit areas?

    (a) If BLM receives unit area applications that include overlapping 
lands, we will request that each prospective unit operator resolve the 
issue with the other operator(s). If the prospective operators cannot 
reach a resolution, BLM may:
    (1) Return all unit applications and request all applicants to 
revise their proposed unit areas;
    (2) Designate any unit area proposal that is geologically 
appropriate for unitization and best meets public interest requirements; 
or

[[Page 706]]

    (3) Designate a different area for unitization when doing so is in 
the public interest.
    (b) BLM will reject either an application or a portion of an 
application that includes lands already in an approved unit area.



Sec. 3281.6  What action will BLM take after reviewing a proposed
unit area designation?

    (a) BLM will approve the unit area designation in writing and notify 
the prospective unit operator once we determine that:
    (1) We have received the information required at Sec. 3281.2;
    (2) Information available to BLM documents that the area is 
geologically appropriate for unitization; and
    (3) Unitization is appropriate to conserve the natural resources of 
a geothermal reservoir, field, or like area, or part thereof.
    (b) BLM will notify a prospective unit operator in writing if we do 
not designate a proposed unit area.



Sec. 3281.7  What documents must a unit operator submit to BLM before
we will approve a unit agreement?

    After BLM approves a unit area designation, a unit operator must 
submit the following information in order for BLM to approve a unit 
agreement:
    (a) Documentation of tract commitment (see Secs. 3281.8 and 3281.9);
    (b) The unit agreement (see Sec. 3281.15);
    (c) The map required by Sec. 3281.2(a)(2), if any modifications have 
occurred since the unit area was designated;
    (d) The list required by Sec. 3281.2(a)(3) indicating whether each 
lease or tract is committed to the unit agreement; and
    (e) The plan of development.



Sec. 3281.8  Must a unit operator provide working interests within
the designated unit area the opportunity to join the unit?

    After BLM designates a unit area, the unit operator must invite all 
owners of mineral rights (leased or unleased) and lease interests 
(record title and operating rights) in the designated unit area to join 
the unit. The unit operator must provide the lease interests and mineral 
rights owners 30 days to respond. If an interest or owner does not 
respond, the unit operator must provide BLM with written evidence that 
all the interests or owners were invited to join the unit. BLM will not 
approve a unit agreement proposal if this evidence is not submitted.



Sec. 3281.9  How does a unit operator provide documentation to BLM
of lease and tract commitment status?

    (a) The unit operator must provide documentation to BLM of the 
commitment status of each lease and tract in the designated unit area. 
The documentation must include a joinder or other comparable document 
signed by the lessee or mineral rights owner, or evidence that an 
opportunity to join was offered and no response was received (see 
Sec. 3281.8).
    (b) A majority interest of owners of any single Federal lease has 
authority to commit the lease to a unit agreement.



Sec. 3281.10  How will BLM determine that I have sufficient control 
of the proposed unit area?

    (a) BLM will determine whether:
    (1) A unit operator has sufficient control of the proposed unit area 
by reviewing the number and location of leases and tracts committed and 
their geologic potential for development in relation to the entire 
proposed unit area; and
    (2) The committed tracts provide the unit operator with sufficient 
control of the unit area to conduct resource exploration and development 
in the public interest.
    (b) If BLM determines that the unit operator does not have 
sufficient control of the unit area, we will not approve the unit 
agreement.



Sec. 3281.11  What are the unit operator qualifications?

    (a) Before BLM will approve a unit agreement, the unit operator 
must:
    (1) Meet the same qualifications as a lessee (see Sec. 3202.10 of 
this chapter); and
    (2) Demonstrate sufficient control of the unit area (see 
Sec. 3281.10).
    (b) A unit operator is not required to have an interest in any lease 
committed to the unit agreement.

[[Page 707]]



Sec. 3281.12  Who designates the unit operator?

    The owners of geothermal rights and lease interests committed to the 
unit agreement will nominate a unit operator. Before designating the 
unit operator, BLM must also determine whether the prospective unit 
operator meets the requirements of Sec. 3281.11.



Sec. 3281.13  Is there a format or model a unit operator must
use when proposing a unit agreement?

    When proposing a unit agreement, submit to BLM:
    (a) The model unit agreement (see Sec. 3286.1);
    (b) The model unit agreement with variances noted; or
    (c) Any unit agreement format that contains all the terms and 
conditions BLM requires (see Secs. 3281.14 and 3281.15).



Sec. 3281.14  What minimum requirements and terms must be 
incorporated into the unit agreement?

    (a) The unit agreement must, at a minimum:
    (1) State who the unit operator is, and that the unit operator and 
participating lessees accept the unit terms and obligations set forth in 
the agreement and applicable BLM regulations;
    (2) State the size and general location of the unit area;
    (3) Include procedures for revising the unit area or participating 
area(s);
    (4) Include procedures for amending the unit agreement;
    (5) State the effective date and term of the unit, as provided in 
paragraph (b) of this section;
    (6) Incorporate the minimum initial unit obligations, as specified 
in Sec. 3281.15;
    (7) State that BLM may require a modification of the rate of 
resource exploration or development, or the production quantity or rate, 
within the unit area;
    (8) State that the agreement is subject to periodic BLM review;
    (9) State that BLM will deem the unit agreement as void as if it 
were never in effect if the minimum initial unit obligations are not 
met;
    (10) Include a plan of development; and
    (11) Include a unit contraction provision.
    (b) The unit agreement must provide that it terminates 5 years after 
its effective date unless:
    (1) BLM extends such date of expiration;
    (2) Unitized substances are produced or utilized in commercial 
quantities in which event the agreement continues for so long as 
unitized substances are produced or utilized in commercial quantities; 
or
    (3) BLM terminates the agreement under subpart 3285 of this part 
before the end of the 5 year period.
    (c) The agreement may include any other provisions or terms that BLM 
and the unit operator agree are necessary for proper resource 
exploration and development, and management of the unit area.



Sec. 3281.15  What is the minimum initial unit obligation a unit 
agreement must contain?

    (a) The unit agreement must:
    (1) Require the unit operator to drill, within the timeframe 
specified in the unit agreement, at least one unit well on a tract 
committed to the unit agreement;
    (2) Specify the location and the minimum depth and/or geologic 
structure to which the initial unit well will be drilled; and
    (3) Require the unit operator, upon completing a unit well, to 
provide to BLM in a timely manner the information required at 
Sec. 3264.10 of this chapter.
    (b) Depending on the size of the proposed unit area, BLM may require 
the minimum initial unit agreement obligation to include the drilling of 
more than one unit well.
    (c) If necessary to aid in the evaluation of drilling locations, BLM 
and the unit operator may agree to include types of exploration 
operations as part of the initial unit obligation. An example of such 
work is drilling temperature gradient wells.
    (d) BLM will not consider any work done prior to unit approval for 
the purpose of meeting initial unit obligations.

[[Page 708]]



Sec. 3281.16  When must a Plan of Development be submitted to BLM?

    (a) The prospective unit operator must submit an initial Plan of 
Development at the time the unit area is proposed for designation.
    (b) Subsequent Plans of Development that were not already provided 
must be submitted to address future unit activities to be conducted 
throughout the term of the unit agreement. For example, if the Plan only 
addressed activities until a unit well is completed, the subsequent Plan 
must address activities including the drilling of additional unit wells 
until a producible well is completed. Once a producible well is 
completed, the Plan or subsequent Plan must address those activities 
related to utilizing the resource.
    (c) There is no requirement to submit a Plan of Development once 
unitized resources begin commercial operation.



Sec. 3281.17  What information must be provided in the Plan of
Development?

    (a) The Plan of Development must state the types of and timeframes 
for activities the unit operator will conduct in diligent pursuit of 
unit exploration and development. The Plan may address those activities 
that will be conducted until the minimum initial unit obligation is met, 
or it may address all activities that will occur through the term of the 
unit agreement.
    (b) The Plan of Development may specify that the activities will be 
conducted in phases during the term of the unit agreement. For example, 
the number, location, and depth of temperature gradient wells, and the 
timeframe for the completion of these wells, may be the first phase. A 
second phase may include drilling of observation or slim-hole wells to a 
greater depth than that specified in the first phase. Completion of the 
unit well may be the third phase. In all cases, the Plan of Development 
must include the completion of at least one unit well.



Sec. 3281.18  What action will BLM take in reviewing the Plan of
Development?

    BLM will review the Plan of Development to ensure that the types of 
activities and the timeframes for their completion meet public interest 
requirements. If BLM determines that the Plan of Development does not 
meet these requirements, BLM will negotiate with the prospective unit 
operator to revise the proposed activities. BLM will not designate a 
unit area until the Plan of Development meets applicable requirements.



Sec. 3281.19  What action will BLM take on a proposed unit agreement?

    BLM will:
    (a) Review the proposed unit agreement to ensure that the public 
interest is protected and that the agreement conforms to applicable laws 
and regulations;
    (b) Coordinate the review of a proposed unit agreement with 
appropriate state agencies, and other Federal surface management 
agencies, if applicable;
    (c) Approve the unit agreement and provide the unit operator with 
signed copies of the agreement, if we determine:
    (1) That the unit operator has submitted all required information;
    (2) That the unit agreement and the unit operator satisfy all 
required terms and conditions, including the requirements specified at 
Secs. 3281.14 and 3281.15, and conform with all applicable laws and 
regulations; and
    (3) That the unit agreement is necessary or advisable to meet the 
public interest;
    (d) Notify the unit operator in writing if we reject the unit 
agreement proposal; and
    (e) Reject any unit application that includes lands already 
committed to an approved unit agreement.



Sec. 3281.20  When is a unit agreement effective?

    The effective date of the unit agreement approval is the first day 
of the month following the date BLM approves and signs it. The unit 
operator may request that the effective date be the first day of the 
month in which the agreement is signed by BLM, or a more appropriate 
date agreed to by BLM.

[[Page 709]]



                     Subpart 3282_Participating Area



Sec. 3282.1  What is a participating area?

    (a) A participating area is the combined portion of the unitized 
area which BLM determines:
    (1) Is reasonably proven to produce geothermal resources; or
    (2) Supports production in commercial quantities, such as pressure 
support from injection wells.
    (b) The size and configuration of all participating areas and 
revisions are not effective until BLM approves them.



Sec. 3282.2  When must the unit operator have a participating area 
approved?

    You must have an established BLM-approved participating area to 
allocate production and royalties before beginning commercial operations 
under a unit agreement to allocate production within the unit.



Sec. 3282.3  When must the unit operator submit an application for 
BLM approval of a proposed initial participating area?

    The unit operator must submit an application for BLM approval of a 
proposed participating area no later than:
    (a) 60 days after receiving BLM's determination identified in 
Sec. 3281.15(a)(3) that a unit well will produce or utilize in 
commercial quantities; or
    (b) 30 days before the initiation of commercial operations, 
whichever occurs earlier.



Sec. 3282.4  What general information must the unit operator submit
with a proposed participating area application?

    The unit operator must submit the following information with a 
participating area application:
    (a) Technical information supporting its application (see 
Sec. 3282.5);
    (b) The information required in Sec. 3281.2(a)(2) and (3) for the 
lands in the proposed participating area; and
    (c) Any other information BLM may require.



Sec. 3282.5  What technical information must the unit operator submit 
with a proposed participating area application?

    At a minimum, the unit operator must submit the following technical 
information with a proposed participating area application:
    (a) Documentation that the participating area includes:
    (1) The production and injection wells necessary for unit 
operations;
    (2) Unit wells that are capable of being produced or utilized in 
commercial quantities; and
    (3) The area each well drains or supplies pressure communication.
    (b) Data, including logs, from production and injection well 
testing, if not previously submitted under Sec. 3264.10 of this chapter;
    (c) Interpretations of well performance, and reservoir geology and 
structure, that document that the lands are reasonably proven to 
produce; and
    (d) Any other information BLM may require.



Sec. 3282.6  When must the unit operator propose to revise 
a participating area boundary?

    (a) The unit operator must submit a written application to BLM to 
revise a participating area boundary no later than 60 days after receipt 
of the BLM determination described herein, when either:
    (1) A well is completed that BLM has determined will produce or 
utilize in commercial quantities, and such well:
    (i) Is located outside of an existing participating area; or
    (ii) Drains an area outside the existing participating area; or
    (2) An injection well located outside of an existing participating 
area is put into use that BLM has determined provides reservoir pressure 
support to production.
    (b) The unit operator may submit a written application for a 
revision of a participating area when new or additional technical 
information or revised interpretations of any information provides a 
basis for revising the boundary.
    (c) The unit operator may submit a written request to BLM to delay a 
participation area revision decision when drilling multiple wells in the 
unit is

[[Page 710]]

actively pursued or the drilling is providing additional technical 
information. A delay will not affect the effective date of any 
participation area revision (see Sec. 3282.7). The request must include:
    (1) The well locations;
    (2) Anticipated spud and completion dates of each well;
    (3) The timing of well testing and analyses of technical 
information; and
    (4) The anticipated date BLM will receive the participation area 
revision for review.
    (d) BLM will provide the unit operator with a written decision on 
the application to revise a participating area or the request to delay a 
participating area revision decision by BLM.



Sec. 3282.7  What is the effective date of an initial participating
area or revision of an existing participating area?

    (a) BLM will establish the appropriate effective date of an initial 
participating area or any revision to a participating area. The 
effective date may be, but is not limited to, the first day of the month 
in which:
    (1) A well is completed that causes the participating area to be 
formed or revised;
    (2) Commercial operations start; or
    (3) New or additional technical information becomes known that 
provides a basis for revising the boundary (such as when production 
from, or injection to, an area outside the participating area first 
became known).
    (b) The unit operator may request BLM to approve a specific 
effective date for the participating area or revision, but the date may 
not be earlier than the effective date of the unit.



Sec. 3282.8  What are the reasons BLM would not approve a revision
of the participating area boundary?

    BLM will not approve a revision of the participating area boundary:
    (a) If the unit operator does not submit the required information;
    (b) If BLM determines that the new or additional technical 
information does not support a boundary revision; or
    (c) If it reduces the size of a participating area because of 
depletion of the resource.



Sec. 3282.9  How is production allocated within a participating area?

    Allocation of production to each committed lease or tract within a 
participating area is in the same proportion as that lease's or tract's 
surface acreage within the participating area.



Sec. 3282.10  When will unleased Federal lands in a participating
area receive a production allocation?

    Unleased Federal lands within a participating area are treated as 
follows:
    (a) For royalty purposes only, you must allocate production to 
unleased Federal lands in the participating area as if the acreage were 
committed to the participating area.
    (b) The unit operator is primarily liable for paying and must pay 
royalty to the United States for such allocated production based on a 
rate not less than the highest royalty rate for any Federal lease in the 
participating area. In the event the unit operator does not pay any 
royalties owed under this paragraph, each lessee of lands committed to 
the participating area is responsible for paying such royalties in the 
same proportion as that lessee's percentage of surface acreage within 
the participating area, excluding the unleased acreage.



Sec. 3282.11  May a participating area continue if there is
intermittent unit production?

    A participating area may continue if there is intermittent unit 
production only if BLM determines that intermittent production is in the 
public interest. For example, a direct use facility may only require 
production to occur during winter months.



Sec. 3282.12  When does a participating area terminate?

    A participating area terminates when either:
    (a) The unit operator permanently stops operations in or affecting 
the participating area; or
    (b) Sixty (60) days after BLM notifies the unit operator in writing 
that we have determined that operations in the participating area are 
not being conducted in accordance with the unit agreement, the 
participating area approval, or the public interest. If before

[[Page 711]]

the expiration of the 60 days, the unit operator demonstrates to BLM's 
satisfaction that the basis for BLM's determination is erroneous or has 
been rectified, BLM will not terminate the participating area.



            Subpart 3283_Modifications to the Unit Agreement



Sec. 3283.1  When may the unit operator modify the unit agreement?

    (a) The unit operator may propose to modify a unit agreement by 
submitting an application to BLM that:
    (1) Identifies the proposed change and the reason for the change; 
and
    (2) Certifies that all necessary unit interests have agreed to the 
change.
    (b) BLM will send the unit operator written notification of BLM's 
decision regarding the application. Proposed modifications to a unit 
agreement will not become effective until BLM approves them. BLM's 
approval may be made effective retroactively to the date the application 
was complete. BLM may approve a different effective date, including a 
date the unit operator requests and for which the unit operator provides 
acceptable justification.



Sec. 3283.2  When may the unit operator revise the unit contraction
provision of a unit agreement?

    (a) The unit operator may submit to BLM a request to revise the unit 
contraction provision of a unit agreement, if the unit operator has 
either:
    (1) Commenced commercial operations of unitized resources; or
    (2) Completed a unit well that produces or utilizes geothermal 
resources in commercial quantities.
    (b) The request may propose an extension of the unit contraction 
date and/or a partial contraction of the unit area, and must include the 
following information:
    (1) The period for which the revision is requested; and
    (2) Whether an extension of the unit contraction date and/or a 
partial contraction of the unit area is requested.
    (c) The request should address the following factors when 
applicable:
    (1) Economic constraints that limit the opportunity to drill and 
utilize the resource from additional wells;
    (2) Reservoir monitoring or injection wells that BLM determines are 
necessary for unit operations are not located in the participating area;
    (3) An inability to drill additional wells is due to circumstances 
beyond the unit operator's control, and a unit well that has produced or 
utilized in commercial quantities already is located in the unit;
    (4) The types and intensity of unit operations already conducted in 
the unit area;
    (5) The availability of viable electrical or resource sales 
contracts;
    (6) The opportunity to utilize the resource economically; or
    (7) Any other information that supports revision of the unit 
contraction provision.
    (d) BLM will consider the factors discussed along with any other 
information submitted, and will approve the request if we determine that 
the revision is in the public interest. The approval may be subject to 
conditions such as requiring an annual renewal, or setting the timing 
and conditions for when phased contractions or termination of the 
revision may occur.



Sec. 3283.3  How will the unit operator know the status of a unit
contraction revision request?

    BLM will notify the unit operator in writing of our decision. If we 
approve the request, we:
    (a) Will specify the term of the contraction extension and/or which 
lands will remain in the unit agreement;
    (b) May require the unit operator to update the informational 
requirements of subpart 3282; and
    (c) May terminate the participating area contraction revision if we 
find termination is necessary in the public interest.



Sec. 3283.4  When may the unit operator add lands to or remove
lands from a unit agreement?

    (a) The unit operator may request BLM to designate the addition or 
removal of lands to or from a unit agreement.
    (b) In order for BLM to complete a review of the unit area revision 
request, the unit operator must submit to BLM the information required 
in Secs. 3281.2, 3281.3, and 3281.7.

[[Page 712]]

    (c) BLM will:
    (1) Review the request;
    (2) Determine whether the information provided is sufficient and 
whether the new or additional geologic information or interpretation 
provides an acceptable basis for the unit boundary change; and
    (3) Notify the unit operator in writing of our decision.
    (d) If BLM approves the revision, the unit operator must notify all 
owners of lease interests or mineral rights of the unit area revision.



Sec. 3283.5  When will BLM periodically review unit agreements?

    BLM will periodically review all unit agreements to determine 
compliance with Sec. 3283.6 in accordance with the following schedule:
    (a) Not later than 5 years after the approval of each unit 
agreement; and
    (b) At least every 5 years following the initial unit review.



Sec. 3283.6  What is the purpose of BLM's periodic review?

    (a) BLM must review all unit agreements to determine whether any 
leases, or portions of leases, committed to any unit are no longer 
reasonably necessary for unit operations, and eliminate from inclusion 
in the unit agreement any such lands it determines not reasonably 
necessary for unit operations.
    (b) The elimination will be based on scientific evidence, and occur 
only for the purpose of conserving and properly managing the geothermal 
resources.
    (c) BLM will not eliminate any lands from a unit until BLM provides 
the unit operator, the lessee, and any other person with a legal 
interest in such lands, with reasonable notice and an opportunity to 
comment.
    (d) Any lands eliminated from a unit under this section are eligible 
for a lease extension under subpart 3207 of part 3200 of this chapter if 
the lands meet the requirements for the extension.



Sec. 3283.7  When may unit operators be changed?

    Unit operators may be changed only with BLM's written approval.



Sec. 3283.8  What must be filed with BLM to change the unit operator?

    To change the unit operator, the new operator must:
    (a) Meet the qualification requirements of Sec. 3281.11;
    (b) Submit to BLM evidence of acceptable bonding under Sec. 3214.13 
of this chapter; and
    (c) File with BLM written acceptance of the unit terms and 
obligations.



Sec. 3283.9  When is a change of unit operator effective?

    The change is effective when BLM approves the new unit operator in 
writing.



Sec. 3283.10  If there is a change in the unit operator, when does 
the previous operator's liability end?

    (a) The previous unit operator remains responsible for all duties 
and obligations of the unit agreement until BLM approves a new unit 
operator. The change of the unit operator does not release the previous 
unit operator from any liability for any obligations that accrued before 
the effective date of the change (see Sec. 3215.14 of this chapter).
    (b) The new unit operator is responsible for all unit duties and 
obligations after BLM approves the change.



Sec. 3283.11  Do the terms and conditions of a unit agreement modify
Federal lease stipulations?

    Nothing in a unit agreement modifies stipulations included in any 
Federal lease.



Sec. 3283.12  Are transferees and successors in interest of Federal 
geothermal leases bound by the terms and conditions of the unit 
agreement?

    The terms and conditions of the unit agreement are binding on 
transferees and successors in interest to Federal geothermal leases 
committed to a unit agreement.



                      Subpart 3284_Unit Operations



Sec. 3284.1  What general standards apply to operations within a unit?

    All unit operations must comply with:

[[Page 713]]

    (a) The terms and conditions of the unit agreement; and
    (b) The standards and orders listed in the following chart:

------------------------------------------------------------------------
                                                        Regulations on
                                    Regulations on         Orders or
        Type of operation             Operational      Instructions (43
                                  Standards (43 CFR)         CFR)
------------------------------------------------------------------------
Exploration.....................       Sec. 3250.12       Sec. 3250.13
Drilling........................       Sec. 3260.11       Sec. 3260.12
Production or Utilization.......       Sec. 3270.11       Sec. 3270.12
------------------------------------------------------------------------



Sec. 3284.2  What are the principal operational responsibilities of
the unit operator?

    The unit operator is responsible for:
    (a) Diligently drilling for and developing in the public interest 
the geothermal resource occurring in the unit area. Only the unit 
operator is authorized to conduct:
    (1) Any phase of drilling authorized under subpart 3260 of this 
chapter, unless another person is specifically authorized by BLM to 
conduct drilling (see Sec. 3284.3);
    (2) Resource development activities such as production and 
injection; and
    (3) Delivery of the resource for commercial operation. An entity 
other than the unit operator, such as a facility operator, may purchase 
or utilize the resource produced from the unit.
    (b) Providing written notification to BLM within 30 days after any 
changes to the commitment status of any lease or tract in the unit area 
(see Secs. 3281.9 and 3284.12); and
    (c) Insuring that the Federal Government receives all royalties, 
direct use fees, and rents for activities within the participating area.



Sec. 3284.3  What happens if the minimum initial unit obligations are
not met?

    (a) If the unit operator does not drill a well designed to produce 
or utilize geothermal resources in commercial quantities within the 
timeframe specified in the unit agreement, or the unit operator 
relinquishes the unit agreement before meeting the minimum initial unit 
obligations:
    (1) BLM will deem the unit agreement void as though it was never in 
effect;
    (2) BLM will deem any lease extension based upon the existence of 
the unit as void retroactive to the date the unit was effective; and
    (3) Any lease segregations based on the unit become invalid.
    (b) BLM will send the unit operator a written decision confirming 
that the unit agreement is void.



Sec. 3284.4  How are unit agreement terms affected after completion
of the initial unit well?

    (a) Upon completion of a unit well that BLM determines will produce 
or utilize geothermal resources in commercial quantities, the unit 
operator must submit a proposed participating area application under 
Sec. 3282.3, and no additional drilling to meet unit obligations is 
required. If no additional drilling in the unit occurs, the unit area 
will contract to the participating area as specified in the unit 
agreement.
    (b) If a unit operator drills a well designed to produce or utilize 
geothermal resources in commercial quantities, but the well will not 
produce commercially or is not producible, the unit operator must 
continue drilling additional wells within the timeframes specified in 
the unit agreement until a unit well is completed that BLM determines 
will produce or utilize geothermal resources in commercial quantities. 
BLM may terminate a unit if additional wells are not drilled within the 
timeframes specified in the unit agreement.
    (c) The unit agreement will expire if no well that BLM determines 
will produce or utilize geothermal resources in commercial quantities is 
completed within the timeframes specified in the unit agreement.
    (d) BLM will send the unit operator a written decision confirming 
that the unit agreement has been terminated or has expired.

[[Page 714]]



Sec. 3284.5  How do unit operations affect lease extensions?

    (a) Once the minimum initial unit obligation is met, lease 
extensions approved under Sec. 3207.17 of this chapter based upon unit 
commitment will remain in effect until the unit is relinquished, 
expires, terminates, or the lease on which the initial unit obligation 
was met is eliminated from the unit.
    (b) As long as there are commercial operations within the unit or 
there exists a unit well that BLM has determined is producing or 
utilizing geothermal resources in commercial quantities, lease 
extensions for any leases or portions of leases within the participating 
area will remain in effect as long as operations meet the requirements 
of Sec. 3207.15 of this chapter.



Sec. 3284.6  May BLM authorize a working interest owner to drill
a well on lands committed to the unit?

    (a) BLM may authorize a working interest owner to drill a well on 
the interest owner's lease only if it is located outside of an 
established participating area. However, BLM will only do so upon 
determining that:
    (1) The unit operator is not diligently pursuing unit development; 
and
    (2) Drilling the well is in the public interest.
    (b) If BLM determines that a working interest has completed a well 
that will produce or utilize geothermal resources in commercial 
quantities, the unit operator must:
    (1) Apply to revise the participating area to include the well; and
    (2) Operate the well.



Sec. 3284.7  May BLM authorize operations on uncommitted Federal 
leases located within a unit?

    BLM may authorize a lessee/operator to conduct operations on an 
uncommitted Federal lease located within a unit if the lessee/operator 
demonstrates to our satisfaction that operations on the lease are:
    (a) In the public interest; and
    (b) Will not unnecessarily affect unit operations.



Sec. 3284.8  May a unit have multiple operators?

    A unit may have only one operator.



Sec. 3284.9  May BLM set or modify production or injection rates?

    BLM may set or modify the quantity, rate, or location of production 
or injection occurring under a unit agreement to ensure protection of 
Federal resources.



Sec. 3284.10  What must a unit operator do to prevent or compensate
for drainage?

    The unit operator must take all necessary measures to prevent or 
compensate for drainage of geothermal resources from unitized land by 
wells on land not subject to the unit agreement (see Secs. 3210.16 and 
3210.17 of this chapter).



Sec. 3284.11  Must the unit operator develop and operate on every
lease or tract in the unit to comply with the obligations in the 
underlying leases or agreements?
          

    The unit operator is not required to develop and operate on every 
lease or tract in the unit agreement to comply with the obligations in 
the underlying leases or agreement. The development and operation on any 
lands subject to a unit agreement is considered full performance of all 
obligations for development and operation for every separately owned 
lease or tract in the unit, regardless of whether there is development 
of any particular tract of the unit area.



Sec. 3284.12  When must the unit operator notify BLM of any changes
of lease and tract commitment status?

    The unit operator must provide updated documentation of commitment 
status (see Secs. 3281.8 through 3281.10) of all leases and tracts to 
BLM whenever a change in commitment, such as the expiration of a private 
lease, occurs. The unit operator must submit the documentation to BLM 
within 30 days after the change occurs. The unit operator must also 
notify all lessees and mineral interest owners of these changes.

[[Page 715]]



                      Subpart 3285_Unit Termination



Sec. 3285.1  When may BLM terminate a unit agreement?

    BLM may terminate a unit agreement if the unit operator does not 
comply with any term or condition of the unit agreement.



Sec. 3285.2  When may BLM approve a voluntary termination of 
a unit agreement?

    BLM may approve the voluntary termination of a unit agreement at any 
time:
    (a) After receiving a signed certification agreeing to the 
termination from a sufficient number of the working interest owners 
specified in the unit agreement who together represent a majority 
interest in the unit agreement; and
    (b)(1) After the completion of the initial unit obligation well but 
before the establishment of a participating area; or
    (2) After a participating area is established, upon receipt of 
information providing adequate assurance that:
    (i) Diligent development and production of known commercial 
geothermal resources will occur; and
    (ii) The public interest is protected.



                    Subpart 3286_Model Unit Agreement



Sec. 3286.1  Model Unit Agreement.

    A unit agreement may use the following language:
    Unit Agreement for the Development and Operation of the ___ Unit 
Area, County of ___, State of ___.

                            Table of Contents

Article I--Enabling Act and Regulations
Article II--Definitions
Article III--Unit Area and Exhibits
Article IV--Contraction and Expansion of Unit Area
Article V--Unitized Land and Unitized Substances
Article VI--Unit Operator
Article VII--Resignation or Removal of Unit Operator
Article VIII--Successor Unit Operator
Article IX--Accounting Provisions and Unit Operating Agreement
Article X--Rights and Obligations of Unit Operator
Article XI--Plan of Development
Article XII--Participating Areas
Article XIII--Allocation of Unitized Substances
Article XIV--Relinquishment of Leases
Article XV--Rentals
Article XVI--Operations on Nonparticipating Land
Article XVII--Leases and Contracts Conformed and Extended
Article XVIII--Effective Date and Term
Article XIX--Appearances
Article XX--No Waiver of Certain Rights
Article XXI--Unavoidable Delay
Article XXII--Postponement of Obligations
Article XXIII--Nondiscrimination
Article XXIV--Counterparts
Article XXV--Subsequent Joinder
Article XXVI--Covenants Run With the Land
Article XXVII--Notices
Article XXVIII--Loss of Title
Article XXIX--Taxes
Article XXX--Relation of Parties
Article XXXI--Special Federal Lease Stipulations and/or Conditions

    This Agreement entered into as of the ___ day of ___, 20 ___, by and 
between the parties subscribing, ratifying, or consenting hereto, and 
herein referred to as the ``parties hereto''. 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), as 
amended, 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 unit agreement for the purpose of more properly conserving the natural 
resources of any geothermal resources reservoir, field, or like area, or 
any part 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:

[[Page 716]]

                 Article I--Enabling Act and Regulations

    1.1  The Act and all valid pertinent U.S. Department of the Interior 
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 Bureau of Land Management 
(``BLM'') 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), as amended, 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 area of the Unit deemed to be 
productive as described in Article 12.1 herein and areas committed to 
the Unit by the Authorized Officer needed for support of operations of 
the Unit Area. The production allocated for lands used for support of 
operations shall be approved by the Authorized Officer pursuant to 
Articles 12.1 and 13.1 herein.
    (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 or any 
person duly authorized to exercise powers vested in that officer.
    (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 
be expanded, when practicable, 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.
    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) The Unit Operator, either on demand of the authorized officer or 
on its own motion and after prior concurrence by the authorized officer, 
shall prepare a notice of proposed expansion or contraction describing 
the contemplated changes in the boundaries of the Unit Area, the reasons 
therefore, 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 to submit any objections to the Unit Operator.
    (c) Upon expiration of the 30-day period provided in the preceding 
item 4.1(b), 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 that 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

[[Page 717]]

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 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 5th 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 5th 
anniversary. 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 5th 
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 six (6) 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:
    (a) In a zone or deposit below any zone or deposit for which a 
Participating Area has been established and is in effect; or
    (b) 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 six 
(6) months immediately preceding the 5th 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 5th anniversary, provided the drilling of another 
exploratory well is commenced under an approved Plan of Development 
within six (6) 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 six (6) 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 specified 
period of time in excess of six (6) 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 that 
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 5th 
anniversary.
    4.8  In the event nonparticipating lands are retained under this 
Agreement after the 5th 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 183rd 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 
5th 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  The 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

[[Page 718]]

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  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.
    7.3  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.
    7.4  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.
    7.5  The resignation or removal 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 or removal.

                  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 more than one-half of the owners 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 a 
vote of more than one-half of the owners 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 a party to this agreement, a concurring vote of one or more 
additional Working Interest 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 authorized officer at his or her 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.

[[Page 719]]

           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 that are necessary or convenient for 
exploring, 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 Development 
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 authorized officer is hereby vested with authority to 
alter or modify, from time to time, in the authorized officer's 
discretion, the rate of prospecting and development and the quantity and 
rate of production under this Agreement.

                     Article XI--Plan of Development

    11.1  Concurrently with the submission of this Agreement to BLM for 
approval, the Unit Operator shall submit to BLM an acceptable initial 
Plan of Development. 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 Development, or 
any subsequent Plan of Development, Unit Operator shall submit for 
approval of the authorized officer an acceptable subsequent Plan of 
Development for the Unit Area which, when approved by the authorized 
officer, shall constitute the exploratory and/or development drilling 
and operating obligations of Unit Operator under this Agreement for the 
period specified therein.
    11.3  Any Plan of Development submitted hereunder shall:
    (a) Specify the number and locations of any exploration operations 
to be conducted or wells to be drilled, and the proposed order and time 
for such operations or 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 of this Agreement.
    11.4  The Plan of Development submitted concurrently with this 
Agreement for approval shall prescribe that the Unit Operator shall 
begin to drill a unit well identified in the Plan of Development 
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 that can be produced in commercial 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 the 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 Development and/or subsequent Plan of 
Development 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 and testing of one well 
and the beginning of the next well, until a well capable of producing or 
utilizing Unitized Substances in commercial quantities is completed to 
the satisfaction of the authorized officer, or until it is reasonably 
proven that the Unitized Land is incapable of producing Unitized 
Substances in commercial quantities in the formations drilled under this 
Agreement.
    11.6  The authorized officer may modify the exploration operation or 
drilling requirements of the initial or subsequent Plans of Development 
by granting reasonable extensions of time when, in his or her opinion, 
such action is warranted and in the public interest.
    11.7  Until a well capable of producing or utilizing Unitized 
Substances in commercial quantities is completed, the failure of Unit 
Operator in a timely manner to conduct any exploration operations or 
drill any of the wells provided for in Plans of Development required 
under this Article XI or to submit a timely and acceptable subsequent 
Plan of Development, 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

[[Page 720]]

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 Development 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 
Development 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 proven 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), 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 
that 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:
    (a) Include additional land then regarded as reasonably proved to be 
productive from the pool or deposit for which the Participating Area was 
established;
    (b) Include lands necessary to unit operations;
    (c) Exclude land then regarded as reasonably proved not to be 
productive from the pool or deposit for which the Participating Area was 
established; or
    (d) Exclude land not necessary to unit operations; and
    (e) Revise the schedule (or schedules) of allocation percentages 
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 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 
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 
subpart 3213, 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

[[Page 721]]

made of interests in land within a Participating Area without the prior 
approval of the authorized officer.
    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:
    (a) Accept those Working Interest rights and obligations 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, 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 it was 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

    15.1  ny unitized lease on non-Federal land containing provisions 
that would terminate such lease unless (1) drilling operations are 
commenced upon the land covered thereby within the time therein 
specified or (2) rentals are paid for the privilege of deferring such 
drilling operations, the rentals required thereby shall, notwithstanding 
any other 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  Nothing herein operates to relieve the lessees of any land 
from their respective lease obligations for the payment of any rental or 
royalty due under their leases.
    15.3  Rental and royalty due on the leases committed to the Unit 
shall be paid by Working Interest Owners responsible under existing 
contracts, laws, and regulations, or by the Unit Operator.

            Article XVI--Operations on Nonparticipating Land

    16.1  Any party hereto owning or controlling the Working Interest in 
any Unitized Land having 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.

[[Page 722]]

        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 or 
her approval hereof, modify and amend the Federal leases committed 
hereto to the extent necessary to conform said leases 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 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 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 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 in such lease, or as 
extended by law or regulation. If it is appropriate for BLM to extend 
the term of a lease to match the term of the unit, the Unit Operator 
shall take the actions required for such extension under 43 CFR 3207.17, 
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 authorized officer;
    (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

[[Page 723]]

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 their own expense, 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 that 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 by the authorized 
officer.

                Article XXII--Postponement of Obligations

    22.1  Notwithstanding any other provisions of this Agreement, the 
Authorized officer, on his own 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 judgment, 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

[[Page 724]]

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 the 
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 to any royalty, Working 
Interest, or other 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):

By:
Name:
Title:
Date:



                     Subpart 3287_Relief and Appeals



Sec. 3287.1  May the unit operator request a suspension of unit 
obligations or development requirements?

    The unit operator may provide a written request to BLM to suspend 
any or all obligations under the unit agreement. BLM will specify the 
term of the

[[Page 725]]

suspension and any requirements the unit operator must meet for the 
suspension to remain in effect.



Sec. 3287.2  When may BLM grant a suspension of unit obligations?

    (a) BLM may grant a suspension of unit obligations when, despite the 
exercise of due care and diligence, the unit operator is prevented from 
complying with such obligations, in whole or in part, by:
    (1) Acts of God;
    (2) Federal, state, or municipal laws;
    (3) Labor strikes;
    (4) Unavoidable accidents;
    (5) Uncontrollable delays in transportation;
    (6) The inability to obtain necessary materials or equipment in the 
open market; or
    (7) Other circumstances that BLM determines are beyond the 
reasonable control of the unit operator, such as agency timeframes 
required to complete environmental documents.
    (b) BLM may deny the request for suspension of unit obligations when 
the suspension would involve a lengthy or indefinite period. For 
example, BLM might not approve a suspension of initial drilling 
obligations due to a unit operator's inability to obtain an electrical 
sales contract, or when poor economics affect the electrical generation 
market, limiting the opportunity to obtain a viable sales contract. BLM 
may grant a suspension of subsequent drilling obligations when it is in 
the public interest.



Sec. 3287.3  How does a suspension of unit obligations affect the
terms of the unit agreement?

    (a) BLM may suspend any terms of the unit agreement during the 
period a suspension is effective. During the period of the suspension, 
the involved unit terms are tolled. The suspension may not relieve the 
unit operator of its responsibility to meet other requirements of the 
unit agreement. For example, the unit operator may continue to be 
required to diligently develop or produce the resource during a 
suspension of drilling obligations.
    (b) The unit operator must ensure all interests in the agreement are 
notified of any suspension granted and the terms of the suspension.



Sec. 3287.4  May a decision made by BLM under this part be appealed?

    A unit operator or any other adversely affected person may appeal a 
BLM decision regarding unit administration or operations in accordance 
with Sec. 3200.5 of this chapter.



Group 3400_Coal Management--Table of Contents





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.).

[[Page 726]]

    (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.
    (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

[[Page 727]]

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 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

[[Page 728]]

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, 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

[[Page 729]]

    (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).



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

[[Page 730]]

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 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 will function under the public 
participation procedures at Secs. 1784.4-2, 1784.4-3, and 1784.5 of this 
chapter.

[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; 64 FR 52242, 
Sept. 28, 1999]



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

[[Page 731]]

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.



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.

[[Page 732]]

    (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 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:

[[Page 733]]

    (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 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

[[Page 734]]

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 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

[[Page 735]]

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.
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

[[Page 736]]

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 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

[[Page 737]]

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 lands containing the coal deposits are included in a comprehensive 
land use plan or land use analysis. The land use plan or land use 
analysis will be conducted with public notice and opportunity for 
participation at the points specified in Sec. 1610.2(f) of this title. 
The sale must be 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

[[Page 738]]

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 
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.

[[Page 739]]

    (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; 64 FR 52242, Sept. 28, 1999]



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]



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

[[Page 740]]

prepare a broadly stated range of initial leasing levels for the region. 
This range of initial leasing levels must 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. The State Director will consider comments received from 
the public in writing and at hearings, and 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. The team also must transmit to 
the Secretary, without change, all comments and recommendations of the 
Governor and the public.
    (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 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;
    (9) Comments received from the public in writing and at public 
hearings; and

[[Page 741]]

    (10) 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; 64 FR 52242, Sept. 28, 1999]



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.
    (d) Public notice and opportunity for participation in activity 
planning must be appropriate to the area and the people involved. The 
Bureau of Land Management will make available a calendar listing of the 
points in the planning process at which the public may participate, 
including:
    (1) The regional coal team meeting to recommend initial leasing 
levels (see Sec. 3420.2(a)(4));
    (2) The regional coal team meeting for tract ranking (see 
Sec. 3420.3-4(a));
    (3) Publication of the regional coal lease sale environmental impact 
statement (see Sec. 3420.3-4(c)); and
    (4) The regional coal team meeting to recommend specific tracts for 
a lease sale and a lease sale schedule (see Sec. 3420.3-4(g)).

[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33138, 
July 30, 1982; 64 FR 52243, Sept. 28, 1999]



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.

[[Page 742]]

    (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 the regional coal team will consider under each 
category are those the regional coal team determines are appropriate for 
that region. The regional coal team will make its determination after 
publishing notice in the Federal Register that the public has 30 days to 
comment on the subfactors. The regional coal team will then consider any 
comments it receives in determining the subfactors. BLM will publish the 
subfactors 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. BLM will publish the 
notice no later than 45 days before the meeting. The notice will list 
potential topics for discussion. 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 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.

[[Page 743]]

    (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). BLM 
will publish a notice in the Federal Register of the 60-day comment 
period and the public hearing on the draft environmental impact 
statement. BLM also will publish the notice at least once per week for 
two consecutive weeks in a newspaper of general circulation in the area 
of the sale.
    (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) When the comment period on the draft environmental impact 
statement closes, the regional coal team will analyze the comments and 
make any appropriate revisions in the tract ranking and selection. The 
final regional lease sale environmental impact statement will reflect 
such revisions and will include all comments received.
    (g) When BLM completes and releases the final regional lease sale 
environmental impact statement, the regional coal team will meet and 
recommend specific tracts for lease sale and a lease sale schedule. The 
regional coal team will provide notice in the Federal Register of the 
date and location at least 45 days before its meeting. 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; 64 FR 52243, 
Sept. 28, 1999]



Sec. 3420.4  Final consultations.



Sec. 3420.4-1  Timing of consultation.

    Following the release of the final regional lease sale environmental 
impact

[[Page 744]]

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]



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]

[[Page 745]]



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 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. BLM will publish a notice in the Federal Register and 
provide a 30-day comment period before it makes any revision increasing 
the number or frequency of sales, or the amount of coal offered. BLM 
will publish any revision in the Federal Register.
    (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; 64 FR 52243, Sept. 28, 1999]



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. BLM will publish the solicitation in the Federal 
Register and at least once per week for two consecutive weeks in a 
newspaper of general circulation in the area of the sale. 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; 64 FR 52243, Sept. 28, 1999]



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

[[Page 746]]

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. BLM will post notice of the sale in BLM 
State Office where the coal lands are managed. BLM will also mail notice 
to any surface owner of lands noticed for sale and to any other person 
who has requested notice of sales in the area. 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 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; 64 FR 52243, Sept. 28, 1999]



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.

[[Page 747]]

    (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 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

[[Page 748]]

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 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).

[[Page 749]]



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 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;

[[Page 750]]

    (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 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. If an environmental assessment of the modification is 
required, BLM will solicit and consider public comments on the modified 
application.

[47 FR 33141, July 30, 1982, as amended at 64 FR 52243, Sept. 28, 1999]



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

[[Page 751]]

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. BLM will publish a notice in the 
Federal Register, and at least once per week for two consecutive weeks 
in a newspaper of general circulation in the area of the sale, 
announcing the availability of the environmental assessment or draft 
environmental impact statement and the hearing required by 
Sec. 3425.4(a)(1). BLM also will mail to the surface owner a notice of 
any lands to be offered for sale and to any person who has requested 
notice of sales in the area.
    (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; 
64 FR 52243, Sept. 28, 1999]



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 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]

[[Page 752]]



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 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).

[[Page 753]]

    (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 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.

[[Page 754]]

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.
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.

[[Page 755]]



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 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]

[[Page 756]]



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 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;

[[Page 757]]

    (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.
    (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

[[Page 758]]

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 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.

[[Page 759]]

    (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 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).

[[Page 760]]

    (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.
    (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]

[[Page 761]]



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
    (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

[[Page 762]]

damage can be avoided or acceptably mitigated.

[47 FR 33143, July 30, 1982]



Sec. 3430.5-4  Lease exchange.

    (a) Upon 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 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

[[Page 763]]

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 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) Before modifying a lease, BLM will prepare an environmental 
assessment or environmental impact statement covering the proposed lease 
area in accordance with 40 CFR parts 1500 through 1508.

[[Page 764]]

    (d) For coal lease modification applications involving lands in the 
National Forest System, BLM will submit the lease modification 
application to the Secretary of Agriculture for consent, for completion 
or consideration of an environmental assessment, for the attachment of 
appropriate lease stipulations, and for making any other findings 
prerequisite to lease issuance.

[44 FR 42628, July 19, 1979, as amended at 67 FR 63567, Oct. 15, 2002]



                       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
    (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.

[[Page 765]]

    (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.
    (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]

[[Page 766]]



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 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

[[Page 767]]

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 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.

[[Page 768]]

    (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 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

[[Page 769]]

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).



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

[[Page 770]]

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]



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-

[[Page 771]]

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 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]

[[Page 772]]



       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 
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]

[[Page 773]]



       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, 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

[[Page 774]]

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;
    (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]

[[Page 775]]



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.



       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

[[Page 776]]

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 (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

[[Page 777]]

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]



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

[[Page 778]]

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 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.

[[Page 779]]

    (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.
    (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:

[[Page 780]]

    (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 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.

[[Page 781]]

    (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;
    (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

[[Page 782]]

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 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.

[[Page 783]]



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 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]

[[Page 784]]



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. 1701 et seq.

    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.
    (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,

[[Page 785]]

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 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]

[[Page 786]]



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]



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

[[Page 787]]

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 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:

[[Page 788]]

    (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 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

[[Page 789]]

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 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 75,000 acres in any one state and in no case on 
more than 150,000 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

[[Page 790]]

person under common control) on more than 150,000 acres in the United 
States on November 7, 2000, 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 150,000 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; 67 FR 63567, Oct. 15, 2002]



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

[[Page 791]]

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 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

[[Page 792]]

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
    (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]

[[Page 793]]



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.

    (a) An application for a license to mine must include payment of the 
filing fee found in the fee schedule in Sec. 3000.12 of this chapter. 
BLM may waive the filing fee for applications filed by relief agencies 
as provided in Sec. 3440.1-1(b) of this chapter.
    (b) An application for an exploration license must include payment 
of the filing fee found in the fee schedule in Sec. 3000.12 of this 
chapter.
    (c) An instrument of transfer of a lease or an interest in a lease 
must include payment of the filing fee found in the fee schedule in 
Sec. 3000.12 of this chapter.
    (d) BLM will charge applicants for a royalty rate reduction a 
processing fee on a case-by-case basis as described in Sec. 3000.11 of 
this chapter.
    (e) BLM will charge applicants for logical mining unit formation or 
modification a processing fee on a case-by-case basis as described in 
Sec. 3000.11 of this chapter.
    (f) The applicant who nominates a tract for a competitive lease sale 
must pay a processing fee on a case-by-case basis as described in 
Sec. 3000.11 of this chapter as modified by the provisions below. BLM 
will include in the sale notice under Sec. 3422.2(b)(9) of this chapter 
a statement of the total cost recovery fee paid to BLM by the applicant 
up to 30 days before the competitive lease sale. The cost recovery 
process for a competitive coal lease follows:
    (1) The applicant nominating the tract for competitive leasing must 
pay the cost recovery amount before BLM will publish a notice of the 
competitive lease sale;
    (2) Before the lease is issued:
    (i) The successful bidder, if someone other than the applicant, must 
pay to BLM the cost recovery amount specified in the sale notice; and
    (ii) The successful bidder must pay all processing costs BLM incurs 
after the date of the sale notice;
    (3) If the successful bidder is someone other than the applicant, 
BLM will refund to the applicant the amount paid under paragraph (f)(1) 
of this section; and
    (4) If there is no successful bidder, the applicant remains 
responsible for all processing fees.
    (g) BLM will charge applicants for modification of a coal lease a 
processing fee on a case-by-case basis as described in Sec. 3000.11 of 
this chapter.

[70 FR 58876, Oct. 7, 2005]



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

[[Page 794]]

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]



                           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

[[Page 795]]

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 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

[[Page 796]]

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



    Note1: 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 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.

[[Page 797]]

                     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, 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 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.

[[Page 798]]

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.
    (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.

[[Page 799]]

    (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 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

[[Page 800]]

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 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

[[Page 801]]

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, 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

[[Page 802]]

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, 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,

[[Page 803]]

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.
    (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.

[[Page 804]]



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]



Sec. 3481.4  Temporary interruption in coal severance.



Sec. 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]



Sec. 3481.4-2  What are some examples of 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]



Sec. 3481.4-3  Does a temporary interruption in coal severance affect
the diligence requirements 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]



Sec. 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

[[Page 805]]

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.
    (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.

[[Page 806]]

    (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 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:

[[Page 807]]

    (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 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

[[Page 808]]

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 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.

[[Page 809]]

    (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.
    (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;

[[Page 810]]

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, 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.

[[Page 811]]

    (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 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

[[Page 812]]

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 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

[[Page 813]]

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 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

[[Page 814]]

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 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

[[Page 815]]

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 
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

[[Page 816]]

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 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.

[[Page 817]]

    (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.
    (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

[[Page 818]]

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 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

[[Page 819]]

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, 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.
    (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

[[Page 820]]

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.
    (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

[[Page 821]]

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 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

[[Page 822]]

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 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.

[[Page 823]]

    (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.
    (3) Operators/lessees must comply with the LMU stipulations.

[47 FR 33179, July 30, 1982. Redesignated at 48 FR 41589, Sept. 16, 
1983, and amended at 51 FR 13229, Apr. 18, 1986; 62 FR 44370, Aug. 20, 
1997]



PART 3500_LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
--Table of Contents



  Subpart 3501_Leasing of Solid Minerals Other Than Coal and Oil Shale_
                                 General

Sec.
3501.1  What is the authority for this part?
3501.2  What is the scope of this part?
3501.5  What terms do I need to know to understand this part?
3501.10  What types of mineral use authorizations can I get under these 
          rules?
3501.16  Does my permit or lease grant me an exclusive right to develop 
          the lands covered by the permit or lease?
3501.17  Are there any general planning or environmental considerations 
          that affect issuance of my permit or lease?
3501.20  If BLM approves my application for a use authorization under 
          this part, when does it become effective?
3501.30  May I appeal BLM's decisions under this part?

                 Subpart 3502_Qualification Requirements

                          Lease Qualifications

3502.10  Who may hold permits and leases?
3502.13  May foreign citizens hold permits or leases?
3502.15  Are there any additional restrictions on holding leases or 
          interests in leases?
3502.20  Will BLM issue a lease to me if I am not complying with the 
          diligence requirements of the Mineral Leasing Act?

                    How To Show Lease Qualifications

3502.25  Where do I file evidence that I am qualified to hold a permit 
          or lease?
3502.26  May I supplement or update my qualifications statement?
3502.27  If I am an individual, what information must I give BLM in my 
          qualifications statement ?
3502.28  If I am an association or a partnership, what information must 
          I give BLM in my qualifications statement?

[[Page 824]]

3502.29  If I am a guardian or trustee for a trust holding on behalf of 
          a beneficiary, what information must I give BLM in my 
          qualifications statement?
3502.30  If I am a corporation, what information must I give BLM in my 
          qualifications statement?

               Special Situations and Additional Concerns

3502.33  If I represent an applicant as an attorney-in-fact, do I have 
          to submit anything to BLM?
3502.34  What must I submit if there are other parties in interest?
3502.40  What happens if an applicant or successful bidder for a permit 
          or lease dies before the permit or lease is issued?
3502.41  What happens to a permit or lease if the permittee or lessee 
          dies?
3502.42  What happens if the heir is not qualified?

                Subpart 3503_Areas Available for Leasing

                  Available Areas Under BLM Management

3503.10  Are all Federal lands available for leasing under this part?
3503.11  Are there any other areas in which I cannot get a permit or 
          lease for the minerals covered by this part?
3503.12  For what areas may I receive a sulphur permit or lease?
3503.13  For what areas may I receive a hardrock mineral permit or 
          lease?
3503.14  For what areas may I get a permit or lease for asphalt?
3503.15  May I lease the gold or silver reserved to the United States on 
          land I hold under a private land claim in New Mexico?
3503.16  May I obtain permits or leases for sand and gravel in Nevada 
          under the terms of this part?

                    Available Areas Managed by Others

3503.20  What if another Federal agency manages the lands I am 
          interested in?
3503.21  What happens if the surface of the land I am interested in 
          belongs to a non-Federal political subdivision or charitable 
          organization?
3503.25  When may BLM issue permits and leases for Federal minerals 
          underlying private surface?
3503.28  Does BLM incorporate any special requirements to protect the 
          lands and resources?

                            Land Descriptions

3503.30  How should I describe surveyed lands or lands shown on 
          protraction or amended protraction diagrams in states which 
          are part of the Public Land Survey System?
3503.31  How should I describe lands in states which are part of the 
          Public Land Survey System but have not been surveyed and are 
          not shown on a protraction or amended protraction diagram?
3503.32  How should I describe acquired lands?
3503.33  Will BLM issue me a lease for unsurveyed lands?

                             Acreage Amounts

3503.36  Are there any size or shape limitations on the lands I can 
          apply for?
3503.37  Is there a limit to the acreage of lands I can hold under 
          permits and leases?
3503.38  How does BLM compute my acreage holdings?

                           Filing Applications

3503.40  Where do I file my permit or lease application and other 
          necessary documents?
3503.41  Will BLM disclose information I submit under these regulations?
3503.42  When I submit confidential, proprietary information, how can I 
          help ensure it is not available to the public?
3503.43  How long will information I give BLM remain confidential or 
          proprietary?
3503.44  How will BLM treat Indian information submitted under the 
          Indian Mineral Development Act?
3503.45  How will BLM administer information concerning other Indian 
          minerals?
3503.46  When will BLM consult with Indian mineral owners when 
          information concerning their minerals is the subject of a FOIA 
          request?

              Subpart 3504_Fees, Rental, Royalty and Bonds

                           General Information

3504.10  What fees must I pay?
3504.11  What forms of payment will BLM and MMS accept?
3504.12  What payments do I send to BLM and what payments do I send to 
          MMS?

                                 Rentals

3504.15  How does BLM determine my rent?
3504.16  When is my rental due after the first year of the lease?
3504.17  What happens if I do not pay my rental in on time?

                                Royalties

3504.20  What are the requirements for paying royalties on production?
3504.21  What are the minimum royalty rates?
3504.22  How will I know what the royalty rate is on my lease 
          production?
3504.25  Do I have to produce a certain amount per year?

[[Page 825]]

3504.26  May I create overriding royalties on my Federal lease?

                                 Bonding

3504.50  Do I have to file a bond to receive a permit or lease?
3504.51  How do I file my bond?
3504.55  What types of bonds are acceptable?
3504.56  If I have more than one permit or lease, may I combine bond 
          coverage?
3504.60  Under what circumstances might BLM elect to change the amount 
          of my bond?
3504.65  What happens to my bond if I do not meet my permit or lease 
          obligations?
3504.66  Must I restore my bond to the full amount if payment has been 
          made from my bond?
3504.70  When will BLM terminate the period of liability of my bond?
3504.71  When will BLM release my bond?

                    Subpart 3505_Prospecting Permits

3505.10  What is a prospecting permit?
3505.11  Do I need a prospecting permit to collect mineral specimens for 
          non-commercial purposes?

                    Applying for Prospecting Permits

3505.12  How do I obtain a prospecting permit?
3505.13  What must my application include?
3505.15  Is there an acreage limit for my application?
3505.25  How does BLM prioritize applications for prospecting permits?
3505.30  May I amend or change my application after I file it?
3505.31  May I withdraw my application after I file it?
3505.40  After submitting my application, do I need to submit anything 
          else?
3505.45  What is an exploration plan?
3505.50  How will I know if BLM has approved or rejected my application?
3505.51  May I file a revised application if BLM rejects my original 
          application?

                 Prospecting Permit Terms and Conditions

3505.55  What are my obligations to BLM under an approved prospecting 
          permit?
3505.60  How long is my prospecting permit in effect?
3505.61  May BLM extend the term of my prospecting permit?
3505.62  Under what conditions will BLM extend my prospecting permit?
3505.64  How do I apply for an extension?
3505.65  What information must I include in my extension request?
3505.66  If approved, when is my extension effective?
3505.70  May I relinquish my prospecting permit?
3505.75  What happens if I fail to pay the rental?
3505.80  What happens when my permit expires?
3505.85  May BLM cancel my prospecting permit for reasons other than 
          failure to pay rental?

                    Subpart 3506_Exploration Licenses

                           General Information

3506.10  What is an exploration license?

             Applying for and Obtaining Exploration Licenses

3506.11  What must I do to obtain an exploration license?
3506.12  Who prepares and publishes the notice of exploration?
3506.13  What information must I provide to BLM to include in the notice 
          of exploration?
3506.14  May others participate in the exploration program?
3506.15  What will BLM do in response to my exploration license 
          application?

                          Terms; Modifications

3506.20  After my license is issued, may I modify my license or 
          exploration plan?
3506.25  Once I have a license, what are my responsibilities?

            Subpart 3507_Preference Right Lease Applications

3507.11  What must I do to obtain a preference right lease?
3507.15  How do I apply for a preference right lease?
3507.16  Is there a fee or payment required with my application?
3507.17  What information must my preference right lease application 
          include?
3507.18  What do I need to submit to show that I have found a valuable 
          deposit?
3507.19  Under what circumstances will BLM reject my application?
3507.20  May I appeal BLM's rejection of my preference right lease?

               Subpart 3508_Competitive Lease Applications

3508.11  What lands are available for competitive leasing?
3508.12  How do I get a competitive lease?
3508.14  How will BLM publish the notice of lease sale?
3508.15  What information will the detailed statement of the lease sale 
          terms and conditions include?
3508.20  How will BLM conduct the sale and handle bids?
3508.21  What happens if I am the successful bidder?
3508.22  What happens if BLM rejects my bid?

[[Page 826]]

     Subpart 3509_Fractional and Future Interest Lease Applications

3509.10  What are future interest leases?
3509.11  Under what conditions will BLM issue a future interest lease to 
          me?
3509.12  Who may apply for a future interest lease?
3509.15  Do I have to pay for a future interest lease?
3509.16  How do I apply for a future interest lease?
3509.17  What information must I include in my application for a future 
          interest lease?
3509.18  What will BLM do after it receives my application for a future 
          interest lease?
3509.20  When does my future interest lease take effect?
3509.25  For what reasons will BLM reject my application for a future 
          interest lease?
3509.30  May I withdraw my application for a future interest lease?
3509.40  What are fractional interest prospecting permits and leases?
3509.41  For what lands may BLM issue fractional interest prospecting 
          permits and leases?
3509.45  Who may apply for a fractional interest prospecting permit or 
          lease?
3509.46  How do I apply for a fractional interest prospecting permit or 
          lease?
3509.47  What information must I include in my application for a 
          fractional interest prospecting permit or lease?
3509.48  What will BLM do after it receives my application for a 
          fractional interest lease?
3509.49  What terms and conditions apply to my fractional interest 
          prospecting permit or lease?
3509.50  Under what conditions would BLM reject my application for a 
          fractional interest prospecting permit or lease?
3509.51  May I withdraw my application for a fractional interest 
          prospecting permit or lease?

  Subpart 3510_Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications

3510.11  If I already have a Federal lease, or the mineral rights on 
          adjacent private lands, may I lease adjoining Federal lands 
          that contain the same deposits without competitive bidding?
3510.12  What must I do to obtain a lease modification or fringe acreage 
          lease?
3510.15  What will BLM do with my application?
3510.20  Do I have to pay a fee to modify my existing lease or obtain a 
          fringe acreage lease?
3510.21  What terms and conditions apply to fringe acreage leases and 
          lease modifications?

                 Subpart 3511_Lease Terms and Conditions

3511.10  Do certain leases allow me to mine other commodities as well?
3511.11  If I am mining calcium chloride, may I obtain a noncompetitive 
          mineral lease to produce the commingled sodium chloride?
3511.12  Are there standard terms and conditions which apply to all 
          leases?
3511.15  How long will my lease be in effect?
3511.25  What is meant by lease readjustment and lease renewal?
3511.26  What if I object to the terms and conditions BLM proposes for a 
          readjusted lease?
3511.27  How do I renew my lease?
3511.30  If I appeal BLM's proposed new terms, must I continue paying 
          royalties or rentals while my appeal is pending?

                 Subpart 3512_Assignments and Subleases

                          How To Assign Leases

3512.11  Once BLM issues me a permit or lease, may I assign or sublease 
          it?
3512.12  Is there a fee for requesting an assignment or sublease?
3512.13  How do I assign my permit or lease?
3512.16  How do I sublease my lease?
3512.17  How do I transfer the operating rights in my permit or lease?

                  Special Circumstances and Obligations

3512.18  Will BLM approve my assignment or sublease if I have 
          outstanding liabilities?
3512.19  Must I notify BLM if I intend to transfer an overriding royalty 
          to another party?

                Effect of Assignments on Your Obligations

3512.25  If I assign my permit or lease, when do my obligations under 
          the permit or lease end?
3512.30  What are the responsibilities of a sublessor and a sublessee?
3512.33  Does an assignment or sublease alter the permit or lease terms?

   Subpart 3513_Waiver, Suspension or Reduction of Rental and Minimum 
                                Royalties

                      Rental and Royalty Reductions

3513.11  May BLM relieve me of the lease requirements of rental, minimum 
          royalty, or production royalty while continuing to hold the 
          lease?
3513.12  What criteria does BLM consider in approving a waiver, 
          suspension, or reduction in rental or minimum royalty, or a 
          reduction in the royalty rate?

[[Page 827]]

3513.15  How do I apply for reduction of rental, royalties or minimum 
          production?
3513.16  Do I have to pay a fee when I apply for a waiver, suspension, 
          or reduction of rental, minimum royalty, production royalty, 
          or minimum production?

     Suspension of Operations and Production (Conservation Concerns)

3513.20  What is a suspension of operations and production (conservation 
          concerns)?
3513.21  What is the effect of a suspension of operations and production 
          (conservation concerns)?
3513.22  How do I apply for a suspension of operations and production 
          (conservation concerns)?
3513.23  May BLM order a suspension of operations and production 
          (conservation concerns)?
3513.25  When will my suspension of operations and production 
          (conservation concerns) take effect?
3513.26  When and how does my suspension of operations and production 
          (conservation concerns) expire or terminate?

              Suspension of Operations (Economic Concerns)

3513.30  What is a suspension of operations (economic concerns)?
3513.31  What is the effect of a suspension of operations (economic 
          concerns)?
3513.32  How do I apply for a suspension of operations (economic 
          concerns)?
3513.33  When will my suspension of operations (economic concerns) take 
          effect?
3513.34  When and how does my suspension of operations (economic 
          concerns) expire or terminate?

          Subpart 3514_Lease Relinquishments and Cancellations

                        Relinquishing Your Lease

3514.11  May I relinquish my lease or any part of my lease?
3514.12  What additional information should I include in a request for 
          partial relinquishment?
3514.15  Where do I file my relinquishment?
3514.20  When is my relinquishment effective?
3514.21  When will BLM approve my relinquishment?

            Cancellations, Forfeitures, and Other Situations

3514.25  When does my lease expire?
3514.30  May BLM cancel my lease?
3514.31  May BLM waive cancellation or forfeiture?
3514.32  Will BLM give me an opportunity to remedy a violation of the 
          lease terms?
3514.40  What if I am a bona fide purchaser and my lease is subject to 
          cancellation?

                  Subpart 3515_Mineral Lease Exchanges

                       Lease Exchange Requirements

3515.10  May I exchange my lease or lease right for another mineral 
          lease or lease right?
3515.12  What regulatory provisions apply if I want to exchange a lease 
          or lease right?
3515.15  May BLM initiate an exchange?
3515.16  What standards does BLM use to assess the public interest of an 
          exchange?
3515.18  Will I be notified when BLM is considering initiating an 
          exchange that will affect my lease?

                        Types of Lease Exchanges

3515.20  May I exchange preference rights?
3515.21  What types of lands can be exchanged?
3515.22  What if the lands to be exchanged are not of equal value?

                        Lease Exchange Procedures

3515.23  May BLM require me to submit additional information?
3515.25  Is BLM required to publish notice or hold a hearing?
3515.26  When will BLM make a decision on the exchange?
3515.27  Will BLM attach any special provisions to the exchange lease?

                        Subpart 3516_Use Permits

3516.10  What are use permits?
3516.11  What kinds of permits or leases allow use permits?
3516.12  What activities may I conduct under a use permit?
3516.15  How do I apply for a use permit?
3516.16  What must I include with my application?
3516.20  Is there an annual fee or charge for use of the lands?
3516.30  What happens if I fail to pay the annual rental on my use 
          permit?

  Subpart 3517_Hardrock Mineral Development Contracts; Processing and 
                          Milling Arrangements

3517.10  What are development contracts and processing and milling 
          arrangements?
3517.11  Are permits and leases covered by approved agreements exempt 
          from the acreage limitations?
3517.15  How do I apply for approval of one of these agreements?
3517.16  How does BLM process my application?

    Authority: 5 U.S.C. 552; 30 U.S.C. 189 and 192c; 43 U.S.C. 1701 et 
seq.; and sec. 402, Reorganization Plan No. 3 of 1946 (5 U.S.C. 
appendix).

[[Page 828]]


    Source: 64 FR 53536, Oct. 1, 1999, unless otherwise noted.



  Subpart 3501_Leasing of Solid Minerals Other Than Coal and Oil Shale_
                                 General



Sec. 3501.1  What is the authority for this part?

    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 (30 U.S.C. 181 et seq.).
    (2) Acquired lands. The Mineral Leasing Act for Acquired Lands of 
1947, as amended (30 U.S.C. 351-359) and the Act of June 28, 1944 (58 
Stat. 483-485) for those lands reserved from allotment by 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).
    (b) Hardrock minerals. (1) Section 402 of Reorganization Plan No. 3 
of 1946 (5 U.S.C. Appendix) transferred the functions of the Secretary 
of Agriculture for 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).
    (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) 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

[[Page 829]]

the recreation area in accordance with the mineral leasing laws.
    (d) Land management. 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.
    (e) Fees. Section 304 of FLPMA (43 U.S.C. 1734) authorizes the 
Secretary to establish reasonable filing and service fees for 
applications and other documents relating to the public lands. 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.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58876, Oct. 7, 2005]



Sec. 3501.2  What is the scope of this part?

    (a) This part applies to minerals other than oil, gas, coal and oil 
shale, leased under the mineral leasing acts, and to hardrock minerals 
leasable under Reorganization Plan No. 3 of 1946, on any unclaimed, 
undeveloped area of available public domain or acquired lands where 
leasing of these specific minerals is allowed by law. Special areas 
identified in part 3580 of this title and asphalt on certain lands in 
Oklahoma also are leased under this part. Check part 3580 to identify 
any special provisions that apply to those special areas.
    (b) This part does not apply to Indian lands or minerals except 
where expressly noted.



Sec. 3501.5  What terms do I need to know to understand this part?

    You need to know the following terms, which are used frequently in 
this part:
    Acquired lands means lands or interests in lands, including mineral 
estates, which the United States obtained through purchase, gift, or 
condemnation. It includes all lands BLM administers for hardrock mineral 
leasing other than public domain lands.
    Chiefly valuable, for the purposes of this part, means the land is 
more valuable for the development of sodium, sulphur or potassium than 
for any non-mineral use of the land.
    Hardrock minerals include base metals, precious metals, industrial 
minerals, and precious or semi-precious gemstones. Hardrock minerals do 
not include coal, oil shale, phosphate, sodium, potassium, or gilsonite 
deposits. Also, hardrock minerals do not include commodities the 
government sells such as common varieties of sand, gravel, stone, pumice 
or cinder. The term hardrock minerals as used here includes mineral 
deposits that are found in sedimentary and other rocks.
    Leasable minerals, for purposes of this part, means the chlorides, 
sulfates, carbonates, borates, silicates or nitrates of potassium or 
sodium and related products; sulphur on public lands 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).
    MMS means the Minerals Management Service.
    Permit means prospecting permit, unless otherwise specified.
    Valuable deposit, for the purposes of this part, means an occurrence 
of minerals of such character that a person of ordinary prudence would 
be justified in the further expenditure of his or her labor and means, 
with a reasonable prospect of success in developing a profitable mine.



Sec. 3501.10  What types of mineral use authorizations can I get 
under these rules?

    BLM issues the mineral use authorizations listed below to qualified 
individuals. Some authorizations are not available for certain 
commodities. See the subparts referenced in each subsection for more 
information.
    (a) ``Prospecting permits'' let you explore for leasable mineral 
deposits on lands where BLM has determined that prospecting is needed to 
determine the existence of a valuable deposit. See subpart 3505 of this 
part.
    (b) ``Exploration licenses'' let you explore in areas with known 
deposits of a leasable mineral to obtain data. With an exploration 
license, you do not get any preference or other right to a lease. See 
subpart 3506 of this part.
    (c) ``Preference right leases'' are issued to holders of prospecting 
permits who, during the term of the permit, demonstrate the discovery of 
a

[[Page 830]]

valuable deposit of the leasable mineral for which BLM issued the 
permit. There are other requirements. The requirements for mine plans 
are in subpart 3592 of part 3590 of this chapter. See subpart 3507 of 
this part.
    (d) ``Competitive leases'' are issued by competitive bidding for 
known deposits of a leasable mineral. See subpart 3508 of this part.
    (e) ``Fringe acreage leases'' are issued noncompetitively for known 
deposits of leasable minerals on Federal lands adjacent to existing 
deposits, when the Federal deposits can be mined only as part of an 
adjacent operation. See subpart 3510 of this part.
    (f) ``Lease modifications'' add adjacent acreage to a Federal lease. 
The acreage to be added:
    (1) Contains known deposits of the same mineral that can be mined 
only as part of the mining operation on the original Federal lease; or
    (2) Has the following characteristics--
    (i) Does not contain known deposits of the same mineral;
    (ii) Will be used for surface activities that are necessary in 
furtherance of recovery of the mineral deposit on the original Federal 
lease; and
    (iii) Had the acreage been included in the original Federal lease at 
the time of the Federal lease's issuance, the original Federal lease 
would have been reasonably compact.
    (g) ``Use permits'' are available to holders of phosphate and sodium 
leases so that they may use the surface of unappropriated and unentered 
public lands for the proper extraction, treatment, or removal of the 
phosphate or sodium deposits. See subpart 3516 of this part.

[64 FR 53536, Oct. 1, 1999, as amended at 74 FR 641, Jan. 7, 2009]



Sec. 3501.16  Does my permit or lease grant me an exclusive right
to develop the lands covered by the permit or lease?

    No. Your permit or lease gives you an exclusive right to the 
mineral, but not to the lands. BLM may allow other uses or disposal of 
the lands, including leasing of other minerals, if those uses or 
disposals will not unreasonably interfere with your operation. If BLM 
issues other permits or leases covering the lands contained within your 
permit or lease, they will contain suitable stipulations for 
simultaneous operation based on consideration of safety, environmental 
protection, conservation, ultimate recovery of the resource, and other 
factors. You must also make all reasonable efforts to avoid interference 
with other authorized uses. In cases where the date of the lease is used 
to determine priority for development and a lease is renewed, BLM will 
use the effective date of the original lease to determine priority for 
development.



Sec. 3501.17  Are there any general planning or environmental
considerations that affect issuance of my permit or lease?

    (a) BLM will not issue you a permit or lease unless it conforms with 
the decisions, terms and conditions of an applicable comprehensive land 
use plan.
    (b) BLM or the surface management agency will comply with any 
applicable environmental requirements before issuing you a permit or 
lease. This may result in conditions on your permit or lease.
    (c) BLM will issue permits and leases consistent with any 
unsuitability designation under part 1600 of this title.



Sec. 3501.20  If BLM approves my application for a use authorization
under this part, when does it become effective?

    Your lease, permit, or other use authorization is effective the 
first day of the month after BLM signs it, unless you request in writing 
and BLM agrees to make it effective the first day of the month in which 
it is approved. This applies to all leases, licenses, permits, transfers 
and assignments in this part, unless a specific regulation provides 
otherwise.



Sec. 3501.30  May I appeal BLM's decisions under this part?

    Any party adversely affected by a BLM decision under this part may 
appeal the decision under parts 4 and 1840 of this title.

[[Page 831]]



                 Subpart 3502_Qualification Requirements

                          Lease Qualifications



Sec. 3502.10  Who may hold permits and leases?

    You may hold an interest in permits or leases under this part only 
if you meet the requirements of 30 U.S.C. 184. You must be:
    (a) An adult citizen of the United States;
    (b) An association (including partnerships and trusts) of such 
citizens;
    (c) A corporation organized under the laws of the United States or 
of any U.S. State or territory;
    (d) A legal guardian of a minor United States citizen;
    (e) A trustee of a trust where the beneficiary is a minor but the 
trustee is qualified to hold a permit or lease; or
    (f) any other person authorized to hold a lease under 30 U.S.C. 184.



Sec. 3502.13  May foreign citizens hold permits or leases?

    No. However, foreign citizens may hold stock in United States 
corporations that hold leases or permits if the laws, customs, or 
regulations of their country do not deny similar privileges to citizens 
or corporations of the United States.



Sec. 3502.15  Are there any additional restrictions on holding
leases or interests in leases?

    Yes. If you are a member of Congress or an employee of the 
Department of the Interior, except as provided in part 20 of this title, 
you may not acquire or hold any Federal lease, or lease interest. 
(Officer, agent or employee of the Department-see part 20 of this title; 
Member of Congress-see R.S. 3741; 41 U.S.C. 22; 18 U.S.C. 431-433). 
Also, BLM may not issue any lease or permit which causes a conflict of 
interest. See 5 CFR part 2635.



Sec. 3502.20  Will BLM issue a lease to me if I am not complying 
with the diligence requirements of the Mineral Leasing Act?

    BLM will not issue you a lease or renew your lease, or approve a 
transfer of any lease or interest in a lease for you unless you are 
complying with section 2(a)(2)(A) of the Mineral Leasing Act (30 U.S.C. 
201(2)(A)) for any of your existing leases that are subject to that 
provision. For Federal coal leases, BLM will determine compliance under 
Sec. 3472.1-2(e) of this title. If BLM issues you a lease when you are 
in violation of section 2(a)2(A), BLM must void your lease under 
Sec. 3514.30(b).

                    How To Show Lease Qualifications



Sec. 3502.25  Where do I file evidence that I am qualified to 
hold a permit or lease?

    You must file evidence with BLM that you meet the qualification 
requirements in this subpart. You may file this evidence separately from 
your permit or lease application, but file it in the same office as your 
application.



Sec. 3502.26  May I supplement or update my qualifications statement?

    After we accept your qualifications, you may send additional 
information to the same BLM office by referring to the serial number of 
the record in which your evidence is filed. All changes to your 
qualifications statement must be in writing. You must make sure that 
your evidence is current, accurate and complete.



Sec. 3502.27  If I am an individual, what information must I give
BLM in my qualifications statement?

    If you are an individual, send us a signed statement showing that:
    (a) You are a U.S. citizen; and
    (b) Your acreage holdings do not exceed the limits in Sec. 3503.37 
of this part. This includes your holdings through a corporation, 
association, or partnership in which you are the beneficial owner of 
more than 10% of the stock or other instruments of control.



Sec. 3502.28  If I am an association or a partnership, what 
information must I give BLM in my qualifications statement?

    Send us:
    (a) A signed statement setting forth:
    (1) The names, addresses, and citizenship of all members who own or 
control 10 percent or more of the association or partnership;

[[Page 832]]

    (2) The names of the members authorized to act on behalf of the 
association or partnership; and
    (3) That the association or partnership's acreage holdings for the 
particular mineral concerned do not exceed the acreage limits in 
Sec. 3503.37 of this part.
    (b) A copy of the articles of the association or the partnership 
agreement.



Sec. 3502.29  If I am a guardian or trustee for a trust holding on
behalf of a beneficiary, what information must I give BLM in my
qualifications statement?

    Send us:
    (a) A signed statement setting forth:
    (1) The beneficiary's citizenship;
    (2) Your citizenship;
    (3) The grantor's citizenship, if the trust is revocable; and
    (4) That the acreage holdings of the beneficiary, the guardian or 
trustee, or the grantor, if the trust is revocable, cumulatively do not 
exceed the acreage limitations in Sec. 3503.37 of this part; and
    (b) A copy of the court order or other document authorizing or 
creating the trust or guardianship.



Sec. 3502.30  If I am a corporation, what information must I give BLM
in my qualifications statement?

    A corporate officer or authorized attorney-in-fact must send BLM a 
signed statement stating:
    (a) The State or territory of incorporation;
    (b) The name and citizenship of, and percentage of stock owned, 
held, or controlled by, any stockholder owning, holding, 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; and
    (d) That the corporation's acreage holdings, and those of any 
stockholder identified under paragraph (b) of this section, do not 
exceed the acreage limitations in Sec. 3503.37 of this part.

               Special Situations and Additional Concerns



Sec. 3502.33  If I represent an applicant as an attorney-in-fact, 
do I have to submit anything to BLM?

    Yes. Send us evidence of your authority to act on behalf of the 
applicant, and a statement of the applicant's qualifications and acreage 
holdings if you are empowered to make this statement. Otherwise, the 
applicant must send us this information separately.



Sec. 3502.34  What must I submit if there are other parties in
interest?

    If you are not the sole party in interest in an application for a 
permit or lease, include with your application the names of all other 
parties who hold or will hold any interest in the application or in the 
permit or lease when BLM issues it. All interested parties must show 
they are qualified to hold permit or lease interests.



Sec. 3502.40  What happens if an applicant or successful bidder for
a permit or lease dies before the permit or lease is issued?

    (a) If probate of the estate has been completed or is not required, 
BLM will issue the permit or lease to the heirs or devisees, or their 
guardian. We will recognize the heirs or devisees or their guardian as 
the record title holders of the permit or lease. They must send us:
    (1) A certified copy of the will or decree of distribution, and if 
no will or decree exists, 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
    (2) A statement signed by each of the heirs or devisees with 
reference to citizenship and holdings similar to that required by 
Sec. 3502.27 of this part. If the heir or devisee is a minor, the 
guardian or trustee must sign the statement.
    (b) If probate is required but has not been completed, BLM will 
issue the permit or lease to the executor or administrator of the 
estate. BLM considers the executor or administrator as the record title 
holder of the permit or lease. He or she must send:
    (1) Evidence that the person who, as executor or administrator, 
submits lease and bond forms has authority to

[[Page 833]]

act in that capacity and to sign those forms;
    (2) Evidence that the heirs or devisees are the only heirs or 
devisees of the deceased; and
    (3) A statement signed by each heir or devisee concerning 
citizenship and holdings, as required by Sec. 3502.27 of this part.



Sec. 3502.41  What happens to a permit or lease if the permittee
or lessee dies?

    If the permittee or lessee dies, BLM will recognize as the record 
title holder of the permit or lease:
    (a) The executor or administrator of the estate, if probate is 
required but has not been completed and they have filed the evidence 
required by Sec. 3502.40(b) of this part; or
    (b) The heirs or devisees, if probate has been completed or is not 
required, if they have filed evidence required by Sec. 3502.40(a) of 
this part.



Sec. 3502.42  What happens if the heir is not qualified?

    We will allow unqualified heirs to hold ownership in a lease or 
permit for up to two years. During that period, the heir must either 
become qualified or divest himself or herself of the interest.



                Subpart 3503_Areas Available for Leasing

                  Available Areas Under BLM Management



Sec. 3503.10  Are all Federal lands available for leasing under
this part?

    No. The Secretary of the Interior may not lease lands on any of the 
following Federal areas:
    (a) Land recommended for wilderness allocation by the surface 
managing agency;
    (b) Lands within BLM wilderness study areas;
    (c) Lands designated by Congress as wilderness areas; and
    (d) Lands within areas allocated for wilderness or further planning 
in Executive Communication 1504, Ninety-Sixth Congress (House Document 
Number 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.



Sec. 3503.11  Are there any other areas in which I cannot get
a permit or lease for the minerals covered by this part?

    Prospecting permits and leases for solid leasable and hardrock 
minerals are not available under this part for:
    (a) Lands within the boundaries of any unit of the National Park 
System, except as expressly 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, oil shale 
reserves and 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.);
    (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;
    (i) Lands within the Grand Staircase-Escalante National Monument;
    (j) Lands adjacent to or within Searles Lake, California, which are 
not available for potassium prospecting permits (BLM will lease 
potassium in this area by competitive bidding); and
    (k) Any other lands withdrawn from mineral leasing.



Sec. 3503.12  For what areas may I receive a sulphur permit or lease?

    You may get a sulphur permit or lease for public domain lands in the 
States of Louisiana and New Mexico or for Federal acquired lands 
nationwide, subject to the exceptions listed in Secs. 3503.10 and 
3503.11 of this part.

[[Page 834]]



Sec. 3503.13  For what areas may I receive a hardrock mineral permit
or lease?

    Subject to the consent of the surface managing agency, you may 
obtain hardrock mineral permits and leases only in the following areas:
    (a) Lands identified in Reorganization Plan No. 3 of 1946, for which 
jurisdiction for mineral leasing was transferred to the Secretary of the 
Interior. These include lands originally acquired under the following 
acts:
    (1) 16 U.S.C. 520 (Weeks Act);
    (2) Title II of the National Industrial Recovery Act (40 U.S.C. 401, 
403a and 408);
    (3) The 1935 Emergency Relief Appropriation Act (48 Stat. 115 and 
118);
    (4) Section 55 of Title I of the Act of August 24, 1935 (49 Stat. 
750 and 781); and
    (5) The Act of July 22, 1937 (7 U.S.C. 1011 (c) and 1018 (repealed), 
Bankhead-Jones Act).
    (b) Lands added to the Shasta National Forest by Act of March 19, 
1948 (62 Stat. 83);
    (c) Public Domain Lands within the National Forests in Minnesota (16 
U.S.C. 508 (b));
    (d) Lands in New Mexico that are portions of Juan Jose Lobato Grant 
(North Lobato) and Anton Chica Grant (El Pueblo) as described in section 
1 of the Act of June 28, 1952 (66 Stat. 285);
    (e) Lands in the Shasta and Trinity Units of the Whiskeytown-Shasta-
Trinity National Recreation Areas;
    (f) The following National Park Lands:
    (1) Lake Mead National Recreation Area;
    (2) Glen Canyon National Recreation Area; and
    (3) Lands in the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity 
National Recreation Area;
    (g) Lands patented to the State of California for park or other 
purposes where minerals were reserved to the United States; and
    (h) White Mountains National Recreation Area, Alaska.



Sec. 3503.14  For what areas may I get a permit or lease for asphalt?

    You may get leases for asphalt only on certain Federal lands in 
Oklahoma identified by law. See 32 Stat. 654 (1902) and 58 Stat. 483 
(1944). You may not obtain prospecting permits for asphalt.



Sec. 3503.15  May I lease the gold or silver reserved to the 
United States on land I hold under a private land claim in New Mexico?

    If you hold the remaining record title interest or operating rights 
interest in confirmed private land grants in New Mexico, you may obtain 
a lease for gold and silver reserved to the United States. See parts 
3580 and 3581 of this chapter for leasing requirements.



Sec. 3503.16  May I obtain permits or leases for sand and gravel
in Nevada under the terms of this part?

    You may not get new leases or permits under these regulations; BLM 
will consider any new applications for sand and gravel under the 
regulations at part 3600 of this chapter. Also, beginning January 1, 
2000, BLM will not renew any existing sand and gravel lease for certain 
lands the United States received under an exchange with the State of 
Nevada.

                    Available Areas Managed by Others



Sec. 3503.20  What if another Federal agency manages the lands
I am interested in?

    (a) Public domain lands. BLM will issue a permit or lease for public 
domain lands where the surface is administered by another Federal agency 
only after consulting with the surface management agency. Some laws 
applicable to public domain lands require us to obtain the consent of 
the surface management agency before we issue a lease or permit.
    (b) Acquired lands. For all lands not subject to paragraph (a) of 
this section where the surface is managed by another Federal agency, we 
must have written consent from the surface management agency before we 
issue permits or leases. The surface management agency may request 
further information about surface disturbance and reclamation before 
granting its consent.
    (c) Appeal. If a surface management agency refuses to consent or 
imposes conditions on your permit or lease, you may appeal its decision 
under that

[[Page 835]]

agency's appeal provisions. If you notify BLM within 30 days after 
receiving BLM's decision denying or conditioning your permit or lease 
that you have appealed the surface management agency's decision, we will 
suspend the time for filing an appeal under 43 CFR parts 4 and 1840 
until the surface management agency's decision is final and not subject 
to further administrative or judicial review.



Sec. 3503.21  What happens if the surface of the land I am interested
in belongs to a non-Federal political subdivision or charitable 
organization?

    (a) BLM will notify the entity who owns the surface of the lands 
included within your permit or lease application if that entity is:
    (1) Any State or political subdivision, agency or instrumentality 
thereof;
    (2) A college or any other educational corporation or association; 
or
    (3) A charitable or religious corporation or association.
    (b) The entity who owns the surface of the lands in your application 
will have up to 90 days to suggest any lease stipulations to protect 
existing surface improvements or uses, or to object to the permit or 
lease. BLM will then decide whether to issue the permit or lease and 
which, if any, stipulations identified by the surface owner to include, 
based on how the interests of the United States would best be served.



Sec. 3503.25  When may BLM issue permits and leases for Federal 
minerals underlying private surface?

    (a) The regulations in this part apply where the United States 
disposed of certain lands and those disposals reserved to the United 
States the right to prospect for, mine, and remove the minerals under 
applicable leasing laws and regulations.
    (b) If the Federal Government acquires minerals through a deed, BLM 
will follow any special covenants in the deed relating to leasing or 
permitting.



Sec. 3503.28  Does BLM incorporate any special requirements to protect
the lands and resources?

    BLM will specify permit or lease stipulations to adequately use and 
protect the lands and their resources. This may include stipulations 
which are required by the surface managing agency, or which are 
recommended by the surface managing agency or non-federal surface owner 
and accepted by BLM. (See also part 3580 of this chapter.)

                            Land Descriptions



Sec. 3503.30  How should I describe surveyed lands or lands shown on 
protraction or amended protraction diagrams in states which are part
of the Public Land Survey System?
          

    Describe the lands by legal subdivision, section, township, and 
range.



Sec. 3503.31  How should I describe lands in states which are part
of the Public Land Survey System but have not been surveyed and
are not shown on a protraction or amended protraction diagram?
          

    Describe such lands by metes and bounds in accordance with BLM 
standard survey practices for the public lands. Connect your description 
by courses and distances between successive angle points to an official 
corner of the public land survey system or, for accreted lands, to an 
angle point that connects to a point on an official corner of the public 
land survey system to which the accretions belong.



Sec. 3503.32  How should I describe acquired lands?

    You may describe acquired lands by metes and bounds, or you may also 
use the description shown on the deed or other document that conveyed 
title to the United States. If you are applying for less than the entire 
tract acquired by the United States, describe the land using courses and 
distances tied to a point on the boundary of the requested tract. Where 
the acquiring agency assigned a tract number to the identical tract you 
wish to permit or lease, you may describe those lands by the tract 
number and include a map which clearly shows the lands with respect to 
the administrative unit or the project of which they are a part. In 
States outside of the public land survey system, you should describe the 
lands by tract number, and include a map.

[[Page 836]]



Sec. 3503.33  Will BLM issue me a lease for unsurveyed lands?

    No. All leased areas must be officially surveyed to BLM standards. 
If you are applying for a permit or lease on unsurveyed or protracted 
lands, you must pay for the survey. If BLM intends to issue a lease by 
competitive bidding, we will pay for surveying the lands.

                             Acreage Amounts



Sec. 3503.36  Are there any size or shape limitations on the lands 
I can apply for?

    Generally, a quarter-quarter section, a lot or a protraction block 
is the smallest subdivision for which you may apply. The lands must be 
in reasonably compact form.



Sec. 3503.37  Is there a limit to the acreage of lands I can hold
under permits and leases?

    Yes. The limits are summarized in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                   Maximum acreage of       Maximum acreage in
              Commodity                Maximum acreage for a   permits and leases in any    permits and leases
                                          permit or lease              one State                nationwide
----------------------------------------------------------------------------------------------------------------
(a) Phosphate.......................  2,560 acres............  None.....................  20,480 acres.
(b) Sodium..........................  2,560 acres............  5,120 acres (may be        None.
                                                                increased to 30,720
                                                                acres to facilitate an
                                                                economic mine).
(c) Potassium.......................  2,560 acres............  96,000 acres (larger if    None.
                                                                necessary for extraction
                                                                of potassium from
                                                                concentrated brines in
                                                                connection with an
                                                                existing mining
                                                                operation).
(d) Sulphur.........................  640 acres..............  1,920 acres in 3 leases    None.
                                                                or permits.
(e) Gilsonite.......................  5,120 acres............  7,680 acres..............  None.
(f) Hardrock Minerals...............  2,560 acres............  20,480 acres in permits    None.
                                                                and leases, 10,240 acres
                                                                in leases, but can be
                                                                increased to 20,480 if
                                                                needed for orderly mine
                                                                development.
(g) Asphalt.........................  640 acres..............  2,560 acres..............  Only available in
                                                                                           Oklahoma.
----------------------------------------------------------------------------------------------------------------


[64 FR 53536, Oct. 1, 1999, as amended at 65 FR 50449, Aug. 18, 2000]



Sec. 3503.38  How does BLM compute my acreage holdings?

    (a) The maximum acreage in any one state refers to the acres you 
hold under a permit or lease on either public domain lands or acquired 
lands. Acquired lands and public domain lands are counted separately, so 
you may hold up to the maximum acreage of each at the same time. For 
example, one person could hold 20,000 acres under phosphate leases for 
public domain lands and 20,000 acres under phosphate leases for acquired 
lands at the same time.
    (b) If your permit or lease is for fractional interest lands, BLM 
will charge your acreage holdings for a share which is proportionate to 
the United States' ownership interest. For example, if the United States 
holds a 25% interest in 200 acres, you will be charged with 50 acres 
(200  x  .25).
    (c) BLM will not charge any acreage in a future interest lease 
against your acreage limitations until the date the permit or lease 
takes effect.
    (d) If you own stock in a corporation or a beneficial interest in an 
association which holds a lease or permit, your acreage will include 
your proportionate part of the corporation's or association's share of 
the total lease or permit acreage. This only applies if you own more 
than 10 percent of the corporate stock or beneficial interest of the 
association.

                           Filing Applications



Sec. 3503.40  Where do I file my permit or lease application and 
other necessary documents?

    File your application in the State Office which manages the lands 
for which you are applying, unless we have designated a different State 
Office. For purposes of this part, a document is filed when it is 
received in the proper office.

[[Page 837]]



Sec. 3503.41  Will BLM disclose information I submit under these
regulations?

    All Federal and Indian data and information submitted to the BLM are 
subject to part 2 of this title. Part 2 includes the regulations of the 
Department of the Interior covering public disclosure of data and 
information contained in Department of the Interior records. BLM may 
make certain mineral information not protected from disclosure under 
part 2 of this title may be made available for inspection without a 
Freedom of Information Act (FOIA) request.



Sec. 3503.42  When I submit confidential, proprietary information,
how can I help ensure it is not available to the public?

    When you submit data and information that you believe to be exempt 
from disclosure by part 2 of this title, you must clearly mark each page 
that you believe contains confidential information. BLM will keep all 
data and information confidential to the extent allowed by Sec. 2.13(c) 
of this title.



Sec. 3503.43  How long will information I give BLM remain confidential
or proprietary?

    The FOIA does not provide an express period of time for which 
information may be exempt from disclosure to the public. We will review 
each situation individually and in accordance with guidance provided by 
part 2 of this title.



Sec. 3503.44  How will BLM treat Indian information submitted under
the Indian Mineral Development Act?

    Under the Indian Mineral Development Act of 1982 (IMDA) (25 U.S.C. 
2101 et seq.), the Department of the Interior will hold as privileged 
proprietary information of the affected Indian or Indian tribe--
    (a) All findings forming the basis of the Secretary's intent to 
approve or disapprove any Minerals Agreement under IMDA; and
    (b) All projections, studies, data, or other information concerning 
a Minerals Agreement under IMDA, regardless of the date received, 
related to--
    (1) The terms, conditions, or financial return to the Indian 
parties;
    (2) The extent, nature, value, or disposition of the Indian mineral 
resources; or
    (3) The production, products, or proceeds thereof.



Sec. 3503.45  How will BLM administer information concerning other
Indian minerals?

    For information concerning Indian minerals not covered by 
Sec. 3503.44 of this part, BLM will withhold such records as may be 
withheld under an exemption to the Freedom of Information Act (FOIA) (5 
U.S.C. 552) when it receives a request for information related to tribal 
or Indian minerals held in trust or subject to restrictions on 
alienation.



Sec. 3503.46  When will BLM consult with Indian mineral owners when
information concerning their minerals is the subject of a FOIA
request?

    BLM will notify the Indian mineral owner(s) identified in the 
records of the Bureau of Indian Affairs (BIA), and the BIA, and give 
them a reasonable period of time to state objections to disclosure, 
using the standards and procedures of Sec. 2.15(d) of this title, before 
making a decision about the applicability of FOIA exemption 4 to 
protect:
    (a) information obtained from a person outside the United States 
Government; when
    (b) following consultation with a submitter under Sec. 2.15(d) of 
this title, BLM determines that the submitter does not have an interest 
in withholding the records that can be protected under FOIA; but
    (c) BLM has reason to believe that disclosure of the information may 
result in commercial or financial injury to the Indian mineral owner(s), 
but is uncertain that such is the case.



              Subpart 3504_Fees, Rental, Royalty and Bonds

                           General Information



Sec. 3504.10  What fees must I pay?

    (a) The following table shows fees for various documents in this 
part.

[[Page 838]]



------------------------------------------------------------------------
                Document                          Processing fee
------------------------------------------------------------------------
(1) Applications other than those        As found in the fee schedule in
 listed below.                            Sec. 3000.12 of this chapter.
(2) Prospecting permit application.....  Case-by-case basis as described
                                          in Sec. 3000.11 of this
                                          chapter.
(3) Prospecting permit application       As found in the fee schedule in
 amendment.                               Sec. 3000.12 of this chapter.
(4) Prospecting permit extension.......  As found in the fee schedule in
                                          Sec. 3000.12 of this chapter.
(5) Preference right lease application.  Case-by-case basis as described
                                          in Sec. 3000.11 of this
                                          chapter.
(6) Successful competitive lease         Case-by-case basis as described
 application.                             in Sec. 3000.11 of this
                                          chapter, and modified by Secs.
                                          3508.14 and 3508.21.
(7) Future or fractional interest lease  Case-by-case basis as described
 application.                             in Sec. 3000.11 of this
                                          chapter.
(8) Lease modification or fringe         As found in the fee schedule in
 acreage lease.                           Sec. 3000.12 of this chapter.
(9) Lease renewal application..........  As found in the fee schedule in
                                          Sec. 3000.12 of this chapter.
(10) Assignment, sublease, or transfer   As found in the fee schedule in
 of operating rights.                     Sec. 3000.12 of this chapter.
(11) Transfer of overriding royalty....  As found in the fee schedule in
                                          Sec. 3000.12 of this chapter.
(12) Application to waive, suspend, or   Case-by-case basis as described
 reduce your rental, minimum royalty,     in Sec. 3000.11 of this
 or royalty rate.                         chapter.
(13) Use permit........................  As found in the fee schedule in
                                          Sec. 3000.12 of this chapter.
------------------------------------------------------------------------

    (b) Fees for exploration licenses are not administered under this 
section, but are administered under part 2920 of this chapter.

[72 FR 50887, Sept. 5, 2007]



Sec. 3504.11  What forms of payment will BLM and MMS accept?

    Make your payments to BLM in cash, postal money order, negotiable 
instrument in U.S. currency, or such other method as BLM may authorize. 
See MMS regulations at 30 CFR part 218 for their payment requirements.



Sec. 3504.12  What payments do I submit to BLM and what payments
do I submit to MMS?

    (a) Fees and rentals. (1) Pay all filing and processing fees, all 
first-year rentals, and all bonus bids for leases to the BLM State 
Office that manages the lands you are interested in. Make your 
instruments payable to the U.S. Department of the Interior--Bureau of 
Land Management.
    (2) Pay all second-year and subsequent rentals and all other 
payments for leases to the Minerals Management Service (MMS). See 30 CFR 
part 218 for MMS's payment procedures.
    (b) Royalties. Pay all royalties on producing leases and all 
payments under leases in their minimum production period to the MMS.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]

                                 Rentals



Sec. 3504.15  How does BLM determine my rent?

    We set your rent by multiplying the number of acres in your lease or 
permit by the rental rates shown below. The rates differ for different 
commodities and some rates increase over time. You must pay rent each 
year. We round up any fractional acreage to the next highest acre. If 
you do not know the exact acreage, compute the total acreage by assuming 
each of the smallest subdivisions is 40 acres. The minimum rental is $20 
per permit or lease for all commodities. Pay the minimum rental or the 
per-acre rental, whichever is greater.
    (a) Annual rental rates for prospecting permits for all commodities 
are $.50 per acre or fraction of an acre.
    (b) Annual rental rates for leases for each commodity are shown in 
the table below. The rate shown is for each acre or fraction of an acre 
in the lease.

----------------------------------------------------------------------------------------------------------------
                                                                                                       Year 6 to
                                                  Year 1     Year 2     Year 3     Year 4     Year 5      end
----------------------------------------------------------------------------------------------------------------
(1) Phosphate.................................      $0.25      $0.50      $0.50      $1.00      $1.00      $1.00
(2) Sodium....................................       0.25       0.50       0.50       0.50       0.50       1.00
(3) Potassium.................................       0.25       0.50       0.50       0.50       0.50       1.00
(4) Sulphur...................................       0.50       0.50       0.50       0.50       0.50       0.50
(5) Gilsonite.................................       0.50       0.50       0.50       0.50       0.50       0.50
(6) Hardrock..................................       1.00       1.00       1.00       1.00       1.00       1.00
(7) Asphalt...................................       0.25       0.50       0.50       0.50       0.50       1.00
----------------------------------------------------------------------------------------------------------------


[[Page 839]]


[64 FR 53536, Oct. 1, 1999; 65 FR 11476, Mar. 3, 2000]



Sec. 3504.16  When is my rental due after the first year of the lease?

    (a) For prospecting permits, pay your rental in advance each year 
before the anniversary date of the permit.
    (b) For sodium, potassium or asphalt leases, pay your rental in 
advance before January 1 of each year.
    (c) For phosphate leases pay your rental in advance on or before the 
anniversary date of the lease.
    (d) For other mineral leases not covered in paragraph (b) or (c) of 
this section, pay the rental in advance each year before the anniversary 
of the effective date of the lease.
    (e) MMS will credit your lease rental for any year against the first 
production royalties or minimum royalties (see Sec. 3504.25 of this 
part) as the royalties accrue under the lease during that year.



Sec. 3504.17  What happens if I do not pay my rental on time?

    (a) If you do not pay your rental on time for a prospecting permit, 
your permit will automatically terminate.
    (b) If you do not pay your rental for a lease on time, BLM will 
notify you that unless you pay within 30 days from receipt of the 
notification, BLM will take action to cancel your lease.

                                Royalties



Sec. 3504.20  What are the requirements for paying royalties 
on production?

    You must pay royalties on any production from your lease in 
accordance with the terms specified in the lease. See Sec. 3504.21 of 
this part for minimum royalty rates. Your royalty rate will be a 
percentage of the quantity or gross value of the output of the produced 
commodity. Apply the royalty rate to the value of the production 
determined under MMS regulations in Title 30. For asphalt, the minimum 
royalty is calculated on a cents-per-ton basis. You may not pay your 
royalty in quantity without BLM's prior approval.



Sec. 3504.21  What are the minimum royalty rates?

------------------------------------------------------------------------
          Commodity                       Minimum royalty rate
------------------------------------------------------------------------
(a) Phosphate................  5% of gross value of the output of
                                phosphates or phosphate rock and
                                associated or related minerals.
(b) Sodium...................  2% of the quantity or gross value of the
                                output of sodium compounds and related
                                products at the point of shipment to
                                market.
(c) Potassium................  2% of the quantity or gross value of the
                                output of potassium compounds and
                                related products at the point of
                                shipment to market.
(d) Sulphur..................  5% of the quantity or gross value of the
                                output of sulphur at the point of
                                shipment to market.
(e) Gilsonite................  No minimum royalty rate.
(f) Hardrock Minerals........  No minimum royalty rate.
(g) Asphalt..................  25 cents per ton (2,000 pounds) of
                                marketable production.
------------------------------------------------------------------------



Sec. 3504.22  How will I know what the royalty rate is on my lease
production?

    BLM determines the rate for each lease before we offer it. If BLM 
offered the lease competitively, the rates are in the notice of lease 
sale. If you applied for a noncompetitive lease, BLM will send you a 
royalty rate schedule for your concurrence and signature before we issue 
you the lease. BLM attaches royalty rates to, and makes them a part of, 
all leases.



Sec. 3504.25  Do I have to produce a certain amount per year?

    (a) If your mineral lease was issued, renewed or readjusted any time 
after April 22, 1986, you must either produce a minimum amount or pay a 
minimum royalty in lieu of production each lease year. This requirement 
begins in the sixth lease year or the first full year of a renewed or 
readjusted lease, whichever comes first. The minimum royalty payment is 
$3 per acre or fraction of an acre. For phosphate, sulphur, gilsonite

[[Page 840]]

and hardrock leases, pay the minimum royalty in advance before the lease 
anniversary date. For sodium, potassium and asphalt leases the minimum 
royalty is due in advance before January 1 of each year.
    (b) MMS will credit any lease rental payment (see Sec. 3504.16(d) of 
this part) against the minimum royalty payment amount due under 
paragraph (a) of this section. MMS then will credit your minimum royalty 
as specified under paragraph (a) to your production royalties for that 
year only. For example, if you pay $1,000 in rental and you owe $3,000 
in minimum royalties, you will pay a total of $3,000 for both. If during 
the lease year you accrue $10,000 in production royalties, MMS will 
credit $3,000 against that amount.
    (c) Hardrock mineral leases or development or operating agreements 
subject to escalating rentals are exempt from minimum production and 
minimum royalty requirements.



Sec. 3504.26  May I create overriding royalties on my Federal lease?

    Yes, but:
    (a) BLM may order you to suspend or reduce your overriding royalties 
to as low as one percent if we determine your overriding royalty could:
    (1) Cause you to abandon your lease prematurely; or
    (2) Prevent mining of marginally economic or low-grade deposits.
    (b) Where more than one overriding royalty interest is involved, BLM 
will apply any suspension or reduction to these interests in the manner 
agreed upon by the interest holders. If there is no agreement, we will 
order suspensions and reductions starting with the most recent interest 
and continuing in reverse order of the dates the overriding interests 
were created.
    (c) If you apply for a royalty rate reduction under subpart 3513, of 
this part, we may request that you reduce your overriding royalties.

                                 Bonding



Sec. 3504.50  Do I have to file a bond to receive a permit or lease?

    Yes, unless paragraph (b) of this section applies.
    (a) BLM will set permit and lease bond amounts for each lease or 
permit. We will consider the cost of complying with all permit and lease 
terms, including royalty and reclamation requirements, when setting bond 
amounts. The minimum bond amount for prospecting permits is $1000. The 
minimum bond amount for leases is $5000.
    (b) BLM may enter into agreements with states to provide for your 
state reclamation bond to satisfy our reclamation bonding requirements. 
We may need additional information from you to determine whether your 
state bond will cover all of our reclamation requirements. If you have 
filed a current bond with a state where we have an agreement, and we 
determine that your state bond will satisfy all BLM reclamation bonding 
requirements, you will only need to file evidence of that state bond 
with BLM. We will require an additional bond from you if we determine 
your state bond does not cover all of our bonding requirements.



Sec. 3504.51  How do I file my bond?

    File one copy of your bond in the BLM State office where you applied 
for a permit or lease. You must use an approved BLM form. You must sign 
the form if you are the principal of a personal bond. For surety bonds, 
both you and an acceptable surety must sign the form.



Sec. 3504.55  What types of bonds are acceptable?

    You may file either a personal bond or a surety bond.
    (a) Personal bonds may be in the form of:
    (1) Cashier's check;
    (2) Certified check; or
    (3) Negotiable U.S. Treasury bonds equal in value to your bond 
amount. If you submit Treasury bonds, you must give the Secretary full 
authority to sell the securities if you default on your permit or lease 
obligations.
    (b) Surety bonds must be issued by qualified surety companies 
approved by the Department of the Treasury. You can get a list of 
qualified sureties at any BLM State Office.

[[Page 841]]



Sec. 3504.56  If I have more than one permit or lease, may I combine
bond coverage?

    Yes. Instead of filing separate bonds for each permit or lease, you 
may file a bond to cover all permits and leases for a specific mineral 
in any one state, or nationwide. We will establish the amount of the 
bond; however, the minimums are:
    (a) $25,000 for statewide bonds. File these bonds in the BLM State 
Office for the state where your leases are located.
    (b) $75,000 for nationwide bonds. File these bonds in any BLM State 
Office.



Sec. 3504.60  Under what circumstances might BLM elect to change the 
amount of my bond?

    We may increase or decrease your bond amount when we determine that 
a change in coverage is appropriate, but we will not decrease your bond 
amount below the minimum.



Sec. 3504.65  What happens to my bond if I do not meet my permit 
or lease obligations?

    BLM will demand payment from your bond to cover any obligations on 
which you default. Your bond will be reduced accordingly. If the surety 
makes a payment, we will reduce the face amount of the surety bond and 
the surety's liability by the amount of the payment.



Sec. 3504.66  Must I restore my bond to the full amount if payment 
has been made from my bond?

    Yes. After any default, BLM will notify you of the amount you must 
pay to restore your bond. We will give you no more than six months to 
post a new bond or increase the existing bond to its pre-default level. 
You may elect to file separate or substitute bonds for each permit or 
lease. If you do not replace your bond, BLM may take action to cancel 
the leases or permits covered by the bond.



Sec. 3504.70  When will BLM terminate the period of liability of my bond?

    BLM may terminate the period of liability for any bond only when you 
have filed an acceptable replacement bond or when you have met all your 
permit or lease terms and conditions.



Sec. 3504.71  When will BLM release my bond?

    (a) BLM will release your bond when we have determined, after the 
passage of a reasonable period of time, that you have done the 
following:
    (1) Paid all royalties, rentals, penalties, and assessments;
    (2) Satisfied all permit or lease obligations;
    (3) Reclaimed the site; and
    (4) Taken effective measures to ensure that the mineral prospecting 
or development activities will not adversely affect surface or 
subsurface resources.
    (b) If you assign your lease or permit, BLM will release your bond 
after we determine that you met the requirements of paragraphs (a)(1) 
and (a)(2) of this section. Also, your assignee must provide an 
acceptable bond or other surety.



                    Subpart 3505_Prospecting Permits



Sec. 3505.10  What is a prospecting permit?

    (a) A prospecting permit gives you the exclusive right to prospect 
on and explore lands available for leasing under this part to determine 
if a valuable deposit exists of:
    (1) Phosphate;
    (2) Sodium;
    (3) Potassium;
    (4) Sulphur;
    (5) Gilsonite; or
    (6) A hardrock mineral.
    (b) Prospecting permits are not available for asphalt.
    (c) You may remove only material needed to demonstrate the existence 
of a valuable mineral deposit.



Sec. 3505.11  Do I need a prospecting permit to collect mineral 
specimens for non-commercial purposes?

    No. You may collect mineral specimens for hobby, recreation, 
scientific, research or similar purposes without a prospecting permit. 
However, the surface management agency may require a use permit. BLM's 
regulations for collecting mineral specimens are at part 8365 of this 
title.

[[Page 842]]

                    Applying for Prospecting Permits



Sec. 3505.12  How do I obtain a prospecting permit?

    Deliver 3 copies of the BLM application form to the BLM office with 
jurisdiction over the lands you are interested in. Include the first 
year's rental with your application. You will also be charged a 
processing fee, which BLM will determine on a case-by-case basis as 
described in Sec. 3000.11 of this chapter. For more information on fees 
and rentals, see subpart 3504 of this part.

[70 FR 58877, Oct. 7, 2005]



Sec. 3505.13  What must my application include?

    Your application must be legible and dated. It must contain your or 
your agent's original signature. It must also include:
    (a) Your name and address;
    (b) A statement of your qualifications and holdings (see subpart 
3502 of this part);
    (c) A complete and accurate land description (see subpart 3503 of 
this part);
    (d) Three copies of any maps needed to accompany the description; 
and
    (e) The name of all the commodities for which you are applying.



Sec. 3505.15  Is there an acreage limit for my application?

    The acreage in your application must not exceed the maximum allowed 
for the permit. See Sec. 3503.37 of this part for the acreage limits 
applicable for the different minerals. BLM will not issue a permit if it 
causes you to exceed the limits shown in the table in that section.



Sec. 3505.25  How does BLM prioritize applications for prospecting
permits?

    BLM will prioritize applications based on the time of filing. If 
more than one application is filed at the same time for the same 
commodity on the same lands, we will hold a public drawing in accordance 
with subpart 1821 of this title to determine priority.



Sec. 3505.30  May I amend or change my application after I file it?

    Yes. However, if your amendment adds lands, we will assign priority 
to those added lands from the date you filed the amended application. 
You must include the rental for any added lands and the processing fee 
for prospecting permit application amendments found in the fee schedule 
in Sec. 3000.12 of this chapter with your amended application.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]



Sec. 3505.31  May I withdraw my application after I file it?

    Yes. Just send us a written request. If you withdraw your 
application in whole or in part before BLM signs the permit, we will 
refund the corresponding proportionate share of your rental payment. BLM 
will retain any fees already paid for processing the application.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]



Sec. 3505.40  After submitting my application, do I need to submit
anything else?

    Yes. After we initially review your permit application, but before 
we issue the prospecting permit, we will require you to submit three 
copies of an exploration plan under Sec. 3505.45 of this part. You must 
also submit a bond. See 43 CFR part 3504, especially 43 CFR 3504.50, for 
information on bonds.



Sec. 3505.45  What is an exploration plan?

    An exploration plan shows how you intend to determine the existence 
and workability of a valuable deposit. Your exploration plan must 
include as much of the following information as possible:
    (a) The names, addresses and telephone numbers of persons 
responsible for operations under your plan and to whom BLM will deliver 
notices and orders;
    (b) A brief description of the environment your plan may affect. 
Focus on the affected geologic, water and other physical factors, and 
the distribution and abundance of vegetation and habitat of fish and 
wildlife, particularly threatened and endangered species. Include maps 
with your descriptions, and discuss the present land use in and adjacent 
to the area;
    (c) A narrative description showing:

[[Page 843]]

    (1) The method of exploration and types of equipment you will use;
    (2) The measures you will take to prevent or control fire, soil 
erosion, pollution of surface and ground water, pollution of air, damage 
to fish and wildlife or their habitat, damage to 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 you will take to reclaim the land, including:
    (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 you will plant; 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) Any other data which BLM may require.



Sec. 3505.50  How will I know if BLM has approved or rejected my 
application?

    (a) BLM will review your application to determine compliance with 
land use plans, environmental requirements, unsuitability criteria and 
whether the lands are within a known leasing area. BLM's decision 
whether to approve your application is at BLM's complete discretion. If 
we approve your application, we will issue your permit. If we reject 
your application, we will mail you a written decision. This notice will:
    (1) Detail the reasons why we rejected your application;
    (2) Identify any items you will need to correct in your application; 
and
    (3) Tell you how you may appeal an adverse decision.
    (b) If we do not accept your application, we will refund your rental 
payment. We will retain any fees already paid for processing the 
application.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]

                 Prospecting Permit Terms and Conditions



Sec. 3505.55  What are my obligations to BLM under an approved 
prospecting permit?

    You must:
    (a) Pay your annual rental in a timely fashion. See Secs. 3504.15 
and 3504.16 of this part;
    (b) Comply with all permit terms and stipulations the surface 
management agency attached to the permit;
    (c) Conduct only those exploration activities approved as part of 
your existing exploration plan; and
    (d) Discontinue activities following expiration of the initial term 
unless and until BLM extends your permit.



Sec. 3505.60  How long is my prospecting permit in effect?

    Your prospecting permit will be effective for an initial term of 2 
years.



Sec. 3505.61  May BLM extend the term of my prospecting permit?

    We may extend prospecting permits for phosphate and hardrock 
minerals for up to an additional 4 years, and for potassium and 
gilsonite for up to an additional 2 years. We cannot extend sodium and 
sulphur prospecting permits.



Sec. 3505.62  Under what conditions will BLM extend my prospecting
permit?

    You must prove that:
    (a) You explored with reasonable diligence and were unable to 
determine the existence and workability of a valuable deposit covered by 
the permit. Reasonable diligence means that, in BLM's opinion, you 
drilled a sufficient number of holes or performed other comparable 
prospecting to explore the permit area within the time allowed; or
    (b) Your failure to perform diligent prospecting activities was due 
to conditions beyond your control.

[[Page 844]]



Sec. 3505.64  How do I apply for an extension?

    There is no application form. Just send us a written request with 
the information in Sec. 3505.65 of this part at least 90 days before 
your permit expires. Include the processing fee for extensions of 
prospecting permits found in the fee schedule in Sec. 3000.12 of this 
chapter and the first year's rental in accordance with Secs. 3504.10, 
3504.15, and 3504.16 of this part.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]



Sec. 3505.65  What information must I include in my extension request?

    Your request must:
    (a) Show that you have met the conditions for extension in 
Sec. 3505.62;
    (b) Describe your previous diligent prospecting activities on the 
permit; and
    (c) Show how much additional time you need to complete prospecting 
work.



Sec. 3505.66  If approved, when is my extension effective?

    Your permit extension will become effective on the date we approve 
it, or on the expiration date of the original permit, if this date is 
later.



Sec. 3505.70  May I relinquish my prospecting permit?

    Yes. You may relinquish the entire prospecting permit or any legal 
subdivision of it. A partial relinquishment must clearly describe the 
exact acreage you want to relinquish. BLM will not accept a 
relinquishment if you are not in compliance with the requirements of 
your permit. Once we accept the request, your relinquishment is 
effective as of the date you filed it with BLM. We will then note the 
relinquishment on the land status records. We may then open the lands to 
any new applications. If you relinquish part or all of your permit, you 
lose any right to any preference right lease to the lands covered by the 
relinquishment.



Sec. 3505.75  What happens if I fail to pay the rental?

    Your prospecting permit will automatically terminate if you do not 
pay the rental before the anniversary date of the permit. We will note 
your permit termination on the official status records.



Sec. 3505.80  What happens when my permit expires?

    Your permit will expire at the end of its initial or extended term, 
as applicable, without notice. BLM may open the lands to new 
applications 60 days after your permit expires. However, if you timely 
filed for an extension under Sec. 3505.64 of this part, the 60 day 
period would begin to run on the date BLM denies your extension request. 
If you timely filed for a preference right lease under Sec. 3507.15 of 
this part, the 60 day period only would begin to run on the date BLM 
denies your lease application.



Sec. 3505.85  May BLM cancel my prospecting permit for reasons other 
than failure to pay rental?

    Yes.
    (a) We may cancel your permit if you do not comply with the Mineral 
Leasing Act, any of the other acts applicable to your specific permit, 
these regulations, or any of the permit terms or stipulations. We will 
give you 30 days notice, within which you must correct your default. If 
your default continues, BLM may cancel your permit.
    (b) If we waive one cause for cancellation, we may still cancel your 
permit for another cause, or for the same cause occurring at another 
time. Unless you file an appeal, we will note your permit cancellation 
on the land status records. BLM may use your bond to reclaim the land or 
correct other deficiencies if we cancel your permit.



                    Subpart 3506_Exploration Licenses

                           General Information



Sec. 3506.10  What is an exploration license?

    An exploration license allows you to explore known, unleased mineral 
deposits to obtain geologic, environmental and other pertinent data 
concerning such deposits.

[[Page 845]]

             Applying for and Obtaining Exploration Licenses



Sec. 3506.11  What must I do to obtain an exploration license?

    (a) To apply, submit an exploration plan as described at 
Sec. 3505.45 of this part, along with your request for an exploration 
license. No specific form is required. When BLM approves the exploration 
plan, we will attach the approved plan to, and make it a part of, the 
license. You must also publish a BLM-approved notice of exploration, 
inviting others to participate in exploration under the license on a 
pro-rata cost-sharing basis.
    (b) Except as otherwise provided in this subpart, BLM will process 
your exploration license application in accordance with the regulations 
at part 2920 of this chapter.



Sec. 3506.12  Who prepares and publishes the notice of exploration?

    BLM will prepare a notice of exploration using your information and 
post the notice and your exploration plan in the BLM office for 30 days. 
You must publish the notice of exploration once a week for three 
consecutive weeks in at least one newspaper of general circulation in 
the area in which the lands are located.



Sec. 3506.13  What information must I provide to BLM to include in the
notice of exploration?

    You must include:
    (a) Your name and address;
    (b) A description of the lands;
    (c) The address of the BLM office where your exploration plan will 
be available for inspection; and
    (d) An invitation to the public to participate in the exploration 
under the license.



Sec. 3506.14  May others participate in the exploration program?

    (a) If any person wants to participate in the exploration program, 
you and BLM must receive written notice from that person within 30 days 
after the later of the final newspaper publication or the end of the BLM 
30-day posting period.
    (b) A person who wants to participate in the exploration program 
must state in their notice:
    (1) They are willing to share in the cost of the exploration on a 
pro-rata basis; and
    (2) Any modifications to the exploration program that BLM should 
consider.

[64 FR 53536, Oct. 1, 1999; 65 FR 11476, Mar. 3, 2000]



Sec. 3506.15  What will BLM do in response to my exploration license
application?

    (a) BLM will determine whether to issue the exploration license. If 
we decide to issue the license, we will name the participants and the 
acreage covered. We also will establish hole spacing requirements and 
include any stipulations needed to protect the environment.
    (b) If there are inconsistencies between proposed exploration plans, 
the approved license will resolve them.

                          Terms; Modifications



Sec. 3506.20  After my license is issued, may I modify my license 
or exploration plan?

    BLM may approve modifications of your exploration plan upon your 
request. We may also permit you to remove lands from your exploration 
license at any time. However, once we issue your exploration license, 
you may not add lands to the area of your exploration license.



Sec. 3506.25  Once I have a license, what are my responsibilities?

    You must share with BLM all data you obtain during exploration. We 
will consider the data confidential and will not make the data public 
until either:
    (a) The areas involved are leased; or
    (b) BLM determines that it must release the data in response to a 
FOIA request.



            Subpart 3507_Preference Right Lease Applications



Sec. 3507.11  What must I do to obtain a preference right lease?

    To obtain a preference right lease, you must have a prospecting 
permit for

[[Page 846]]

the area you want to lease and meet the following conditions and any 
other conditions established in this subpart:
    (a) All leasable minerals except asphalt. You must demonstrate that 
you have discovered a valuable deposit within the period covered by your 
prospecting permit. However, paragraphs (b) and (d) of this section 
provide some limitations.
    (b) Sodium, potassium, and sulphur. In addition to the requirements 
of paragraph (a) of this section, BLM must determine that the lands are 
chiefly valuable for the subject minerals.
    (c) Asphalt. You may not obtain a preference right lease for 
asphalt. However, you may obtain a competitive lease or a fringe acreage 
lease under subpart 3508 or 3510 of this part.
    (d) Permits issued under the authority of Reorganization Plan No. 3 
of 1946. Prospecting permits for minerals BLM administers under the 
authority of Reorganization Plan No. 3 of 1946 do not entitle you to a 
preference right lease. We may grant you a noncompetitive lease if you 
discover a valuable deposit during the permit term.



Sec. 3507.15  How do I apply for a preference right lease?

    No specific form is required. Submit three copies of your 
application within 60 days after the date your prospecting permit 
expires or the date BLM denies your request for a permit extension filed 
under Sec. 3505.64 of this part, whichever is later.



Sec. 3507.16  Is there a fee or payment required with my application?

    Yes. You must submit the first year's rental with your application 
according to the provisions in Sec. 3504.15 of this part. BLM will also 
charge a processing fee on a case-by-case basis as described in 
Sec. 3000.11 of this chapter.

[70 FR 58877, Oct. 7, 2005]



Sec. 3507.17  What information must my preference right lease
application include?

    Your application must contain:
    (a) A statement of your qualifications and holdings as specified in 
subpart 3503 of this chapter;
    (b) Three maps showing:
    (1) Utility systems;
    (2) The location of any proposed development or mining operations 
and incidental facilities;
    (3) The approximate locations and the extent of the areas you will 
use for pits, overburden and tailings; and
    (4) The location of water sources or other resources which you may 
use in the proposed operations or incidental facilities;
    (c) A narrative statement addressing:
    (1) The anticipated scope, method and schedule of development 
operations, including the type of equipment you will use;
    (2) The method of mining anticipated, including the best available 
estimate of the mining sequence and production rate; and
    (3) The relationship, if any, between the planned mining operations 
and existing or planned mining operations and facilities on adjacent 
Federal or non-Federal lands;
    (d) Financial information which will enable us to determine if you 
have found a valuable deposit. Include at least an estimate of projected 
mining and processing costs, saleable products and markets, and 
projected selling prices;
    (e) A complete and accurate description of the lands as found in 
your prospecting permit, if your application is for less than the lands 
covered by your prospecting permit; and
    (f) Other data, as we may require.



Sec. 3507.18  What do I need to submit to show that I have found
a valuable deposit?

    To show you have found a valuable deposit, send us the information 
listed in Sec. 3593.1 of this part. You must have collected the data 
during the term of the prospecting permit, but you may refer to prior 
geologic work. BLM may request supplemental data from you to determine 
the following:
    (a) The extent and character of the deposit;
    (b) The anticipated mining and processing methods and costs;
    (c) Anticipated location, kind and extent of necessary surface 
disturbance;
    (d) The measures you will take to reclaim that disturbance;
    (e) An estimate of the profitability of mineral development; and

[[Page 847]]

    (f) Whether there is a reasonable prospect of success in developing 
a profitable mine.



Sec. 3507.19  Under what circumstances will BLM reject my application?

    (a) BLM will reject your application for a preference right lease 
if:
    (1) You did not discover a valuable deposit of mineral(s) covered by 
the prospecting permit;
    (2) You did not submit requested information in a timely manner;
    (3) You did not otherwise comply with the requirements of this 
subpart; or
    (4) In the case of sodium, potassium and sulphur, if BLM determines 
that the lands are not chiefly valuable for the mineral commodity 
specified in the permit.
    (b) If you applied for a lease for minerals BLM administers under 
the authority of Reorganization Plan No. 3 of 1946, BLM may also reject 
your application if we determine that mining is not the preferred use of 
the lands in the application. In making this determination, we will 
consider:
    (1) The land use plan;
    (2) Unsuitability criteria under subpart 1610 of this title;
    (3) Any environmental impacts; and
    (4) The purposes of the statute under which the lands were acquired.
    (c) We will also reject your application if the surface managing 
agency does not consent to the lease.



Sec. 3507.20  May I appeal BLM's rejection of my preference right
lease?

    Yes. You have a right to appeal under the procedures in parts 4 and 
1840 of this title.



               Subpart 3508_Competitive Lease Applications



Sec. 3508.11  What lands are available for competitive leasing?

    BLM may issue a competitive lease on unleased lands where we know 
that a valuable mineral deposit exists. In such areas, before issuing a 
lease we may issue you an exploration license, but not a prospecting 
permit. However, BLM may offer competitive leases for lands where no 
prospecting or exploratory work is needed to determine the existence or 
workability of a valuable mineral deposit. In addition, we may offer 
competitive leases for asphalt on any lands available for asphalt 
leasing, whether or not we know that a valuable mineral deposit exists.



Sec. 3508.12  How do I get a competitive lease?

    (a) Notify BLM of areas in which you are interested. We may also 
designate certain lands for competitive leasing.
    (b) Before BLM publishes a notice of lease sale, pay a processing 
fee on a case-by-case basis as described in Sec. 3000.11 of this chapter 
as modified by Secs. 3508.14 and 3508.21. If someone else is the 
successful bidder, BLM will refund you the amount you paid under this 
paragraph. If there is no successful bidder, you remain responsible for 
all processing fees.
    (c) After determining that the lands are available for leasing, we 
will publish a notice of lease sale containing all significant 
information (see Sec. 3508.14 of this part).
    (d) We will award a competitive lease through sale to the qualified 
bidder who offers the highest acceptable bonus bid. In the event of a 
tie, BLM will determine a fair method for choosing the successful bid.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]



Sec. 3508.14  How will BLM publish the notice of lease sale?

    (a) Once we determine which lands are available for leasing, we will 
publish a notice of lease sale at least once a week for three 
consecutive weeks in a newspaper of general circulation in the area 
where the lands are situated. We will also post the notice of lease sale 
for 30 days in the public room of the BLM office which administers the 
lands.
    (b) The notice will include:
    (1) The time and place of sale;
    (2) The bidding method, including opening and closing dates for 
bidding;
    (3) A description of the tract BLM is offering;
    (4) A description of the mineral deposit BLM is offering;
    (5) The minimum bid we will consider; and

[[Page 848]]

    (6) Information on where you can get a copy of the proposed lease 
and a detailed statement of the lease sale terms and conditions.
    (7) If the tract being offered for competitive sale was nominated by 
an applicant, a statement of the total cost recovery fee paid to BLM by 
the applicant under Sec. 3508.12 up to 30 days before the competitive 
lease sale.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58877, Oct. 7, 2005]



Sec. 3508.15  What information will the detailed statement of the 
lease sale terms and conditions include?

    (a) The proposed lease terms and conditions, including the rental, 
royalty rates, bond amount, and any special stipulations for the 
particular tract;
    (b) An explanation of how you may submit your bid;
    (c) Notification that you must accompany your bid with your 
qualifications statement (see subpart 3502 of this part) and a deposit 
of one-fifth of your bid amount;
    (d) Notification that if you are the successful bidder, you must pay 
your proportionate share of the total publication cost for the sale 
notice before we will issue the lease. Your share is based on the number 
of tracts you bid on successfully, divided by the total number of tracts 
offered for sale;
    (e) A warning concerning 18 U.S.C. 1860 which provides criminal 
penalties for manipulating the bidding process;
    (f) A statement that the Secretary reserves the right to reject any 
and all bids, and to offer the lease to the next qualified bidder, if 
the successful bidder does not get the lease for any reason; and
    (g) Any other information we deem appropriate.



Sec. 3508.20  How will BLM conduct the sale and handle bids?

    We will open and announce all bids at the time and date specified in 
the notice of lease sale, but we will not accept or reject bids at that 
time. We must receive your bid by the deadline in the sale notice or we 
will not consider it. You may withdraw or modify your bid before the 
time specified in the notice of sale.



Sec. 3508.21  What happens if I am the successful bidder?

    (a) If you are the highest qualified bidder and we determine that 
your bid meets or exceeds fair market value, we will send you copies of 
the lease on the form attached to the detailed statement. Within the 
time we specify you must:
    (1) Sign and return the lease form;
    (2) Pay the balance of the bonus bid;
    (3) Pay the first year's rental;
    (4) Pay the publication costs;
    (5) Furnish the required lease bond;
    (6) If you were not the applicant, pay the cost recovery fee 
specified in the lease sale notice; and
    (7) Pay all processing costs BLM incurs after the date of the sale 
notice.
    (b) See Sec. 3504.12 of this part for payment procedures.

[64 FR 53536, Oct. 1, 1999; 65 FR 11476, Mar. 3, 2000; 70 FR 58877, Oct. 
7, 2005]



Sec. 3508.22  What happens if BLM rejects my bid?

    (a) If your bid is the high bid and we reject it because you did not 
sign the lease form and pay the balance of the bonus bid, or otherwise 
comply with this subpart, you forfeit to the United States your deposit 
of one-fifth of the bonus bid amount.
    (b) If we must reject your high bid for reasons beyond your control, 
we will return your bid deposit.
    (c) If we reject your bid because it is not the high bid, we will 
return your bid deposit.



     Subpart 3509_Fractional and Future Interest Lease Applications



Sec. 3509.10  What are future interest leases?

    BLM issues noncompetitive future interest leases to persons who hold 
present mineral interests that will revert to the Federal Government at 
some future date. Future interest leases allow the present interest 
holders to continue using their present mineral right once the Federal 
Government acquires it.

[[Page 849]]



Sec. 3509.11  Under what conditions will BLM issue a future interest
lease to me?

    When it is in the public interest, we will issue you a future 
interest lease for lands where you either have an existing mining 
operation or have established that a valuable deposit exists.



Sec. 3509.12  Who may apply for a future interest lease?

    You may apply for a future interest lease only if you have a present 
interest in the minerals. You must hold more than 50 per cent of either 
the fee interest, a lease interest or an operating rights interest. You 
must also meet the qualification requirements set forth in subpart 3502 
of this part.



Sec. 3509.15  Do I have to pay for a future interest lease?

    You must pay fair market value for the mineral deposit when title 
vests in the United States. You also will be required to pay royalty on 
your production.



Sec. 3509.16  How do I apply for a future interest lease?

    No specific form is required. You must file at least one year before 
the mineral interest vests with the United States or BLM will deny your 
application. BLM will charge you a processing fee on a case-by-case 
basis as described in Sec. 3000.11 of this chapter.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005]



Sec. 3509.17  What information must I include in my application
for a future interest lease?

    Your application must include the same information we require when 
you apply for a present interest Federal lease. See subpart 3508 of this 
part. In addition, you must include the following:
    (a) A land description;
    (b) Your certification that you meet the qualifications requirements 
(see subpart 3502 of this part);
    (c) Evidence of your title or the extent of your rights to the 
present interest in the mineral deposits. Submit either a certified 
abstract of title or a title certificate, or the instrument establishing 
your rights; and
    (d) The names of the other owners, if any, of the mineral interests. 
If you own the operating rights to the mineral by means of a contract 
with the mineral owner, you also need to submit three copies of the 
mineral contract or lease.



Sec. 3509.18  What will BLM do after it receives my application for
a future interest lease?

    (a) After BLM receives your application for a future interest lease, 
we will notify all other interest owners that they have 90 days to file 
applications for the same mineral interest.
    (b) If any other interest owners timely apply, we will hold a 
competitive lease sale among the qualified applicants. BLM will 
establish standards for the competitive sale similar to those under 
subpart 3508 of this part, and provide notice to all of the qualified 
applicants.
    (c) If no other qualified owners timely apply, BLM may issue a 
future interest lease to you. BLM will establish the amount of the bonus 
bid you must pay through appraisal.



Sec. 3509.20  When does my future interest lease take effect?

    Your future interest lease will be effective on the date the 
minerals vest in the United States, as stated in the lease.



Sec. 3509.25  For what reasons will BLM reject my application for
a future interest lease?

    We will reject your application:
    (a) If you do not meet the qualifications in Sec. 3509.15 of this 
part;
    (b) If you filed your application less than one year before the 
minerals vest in the United States; or
    (c) We determine that issuing the lease is not in the public 
interest.



Sec. 3509.30  May I withdraw my application for a future interest
lease?

    Yes. You must file the withdrawal with BLM before the lease is 
signed. BLM will retain any fees already paid for processing the 
application.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005]

[[Page 850]]



Sec. 3509.40  What are fractional interest prospecting permits
and leases?

    They are prospecting permits and leases for parcels where the United 
States holds less than 100 per cent of the mineral interest of the 
parcel. Fractional interest leases allow development of the shared 
mineral interests.



Sec. 3509.41  For what lands may BLM issue fractional interest 
prospecting permits and leases?

    We issue them for lands where the United States owns less than 100 
per cent of the mineral interest and where we have determined it is in 
the public interest to grant the permit or lease. We will only grant 
fractional interest permits or leases with the consent of the surface 
managing agency. If we believe a mineral deposit exists but do not know, 
we may issue a noncompetitive fractional interest lease.



Sec. 3509.45  Who may apply for a fractional interest prospecting
permit or lease?

    Only persons who have an interest in the non-Federal share of the 
same minerals may apply for a fractional interest lease of the minerals. 
Applicants must also meet the qualification standards in subpart 3502 of 
this part.



Sec. 3509.46  How do I apply for a fractional interest prospecting
permit or lease?

    No specific form is required. Submit the application to the BLM 
office with jurisdiction over the lands. BLM will charge you a 
processing fee on a case-by-case basis as described in Sec. 3000.11 of 
this chapter.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005]



Sec. 3509.47  What information must I include in my application for
a fractional interest prospecting permit or lease?

    Your application must include all the same information we require 
when you apply for a regular competitive Federal lease. See subpart 3508 
of this part. In addition, you must include the following:
    (a) A land description;
    (b) Your certification that you meet the qualifications requirements 
(see subpart 3502 of this part);
    (c) Evidence of your title or the extent of your rights in the 
mineral deposits. Submit either a certified abstract of title, a title 
certificate or the instrument establishing your rights; and
    (d) The names of the other owners, if any, of the mineral interests. 
If you own the operating rights to the mineral by means of a contract 
with the mineral owner, you also need to submit three copies of the 
mineral contract or lease.



Sec. 3509.48  What will BLM do after it receives my application for
a fractional interest lease?

    (a) After BLM receives your application for a fractional interest 
lease, we will notify all other interest owners that they have 90 days 
to file applications for the same mineral interest.
    (b) If any other interest owners timely apply, we will hold a 
competitive lease sale among the qualified applicants. BLM will 
establish standards for the competitive sale similar to those under 
subpart 3508 of this part, and provide notice to all of the applicants.
    (c) If no other qualified owners timely apply, BLM may issue a 
fractional interest lease to you. BLM will establish the amount of the 
bonus bid you must pay through appraisal.



Sec. 3509.49  What terms and conditions apply to my fractional 
interest prospecting permit or lease?

    BLM will apply the commodity-specific terms and conditions found in 
this part to fractional interest prospecting permits and leases.



Sec. 3509.50  Under what conditions would BLM reject my application
for a fractional interest prospecting permit or lease?

    BLM will reject your fractional interest application if:
    (a) You do not meet the qualifications in Sec. 3509.45 of this part;
    (b) You would have an interest in the total Federal and non-Federal 
mineral estate of less than 50% once the fractional interest prospecting 
permit or lease is issued, unless we determine it would be in the best 
interests of the

[[Page 851]]

government to issue the permit or lease; or
    (c) We determine that it is not in the public interest to grant the 
lease.



Sec. 3509.51  May I withdraw my application for a fractional interest
prospecting permit or lease?

    Yes, if you file the withdrawal before the lease is signed. BLM will 
retain any fees already paid for processing the application.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005]



  Subpart 3510_Noncompetitive Leasing: Fringe Acreage Leases and Lease 
                              Modifications



Sec. 3510.11  If I already have a Federal lease, or the mineral rights
on adjacent private lands, may I lease adjoining Federal lands that
contain the same deposits without competitive bidding?

          
    Yes. If the adjoining Federal lands are available for leasing, you 
may lease them noncompetitively, even if they are known to contain a 
deposit of the mineral you are interested in leasing. We will either 
issue a new lease for these lands (fringe acreage) or add the lands to 
your existing Federal lease (modification).



Sec. 3510.12  What must I do to obtain a lease modification or fringe
acreage lease?

    (a) File three copies of your application with the BLM office that 
administers the lands. No specific application form is required.
    (b) Include a non-refundable filing fee as provided in Sec. 3000.12, 
Table 1, of this chapter (the fee may be found under ``Leasing of Solid 
Minerals Other Than Coal and Oil Shale (Part 3500)''). You must also 
make an advance rental payment in accordance with the rental rate for 
the mineral commodity you are seeking. If you want to modify an existing 
lease, the BLM will base the rental payment on the rate in effect for 
the lease being modified in accordance with Sec. 3504.15.
    (c) Your fringe acreage lease application must:
    (1) Show the serial number of the lease if the lands specified in 
your application adjoin an existing Federal lease;
    (2) Contain a complete and accurate description of the lands 
desired;
    (3) Show that the mineral deposit specified in your application 
extends from your adjoining lease or from adjoining private lands you 
own or control; and
    (4) Include proof that you own or control the mineral deposit in the 
adjoining lands if they are not under a Federal lease.
    (d) Your lease modification application must:
    (1) Show the serial number of your Federal lease that you seek to 
modify;
    (2) Contain a complete and accurate description of the lands desired 
that adjoin the Federal lease you seek to modify; and
    (3) Show that--
    (i) The adjoining acreage to be added contains known deposits of the 
same mineral deposit that can be mined only as part of the mining 
operations on the original Federal lease; or
    (ii) As an alternative, show that--
    (A) The acreage to be added does not contain known deposits of the 
same mineral deposit; and
    (B) The adjoining acreage will be used for surface activities that 
are necessary for the recovery of the mineral deposit on the original 
Federal lease, and
    (C) Had the acreage been included in the original Federal lease at 
the time of that lease's issuance, the original Federal lease would have 
been reasonably compact.

[64 FR 53536, Oct. 1, 1999, as amended at 72 FR 50888, Sept. 5, 2007; 74 
FR 641, Jan. 7, 2009]



Sec. 3510.15  What will BLM do with my application?

    We will issue or modify a lease under this subpart only if we 
determine that:
    (a) The lands are contiguous to your existing Federal lease or to 
non-Federal lands you own or control;
    (b) The new fringe lease does not exceed the maximum size allowed in 
a lease, as specified in Sec. 3503.37 of this part;

[[Page 852]]

    (c) The acreage of the modified lease, including additional lands, 
is not in excess of the maximum size allowed for a lease, as specified 
in Sec. 3503.37 of this part;
    (d) The mineral deposit is not in an area of competitive interest to 
holders of other active mining units in the area;
    (e) The lands for which you applied for a fringe acreage lease lack 
sufficient reserves of the mineral resource to warrant independent 
development;
    (f)(1) The lands for which you applied for a lease modification 
contain known deposits of the same mineral deposit that can be mined 
only as part of the mining operations on the original Federal lease; or
    (2)(i) The acreage to be added does not contain known deposits of 
the same mineral; and
    (ii) The acreage to be added will be used for surface activities 
that are necessary for the recovery of the mineral deposit on the 
original Federal lease; and
    (iii) Had the acreage added by the modification been included in the 
original Federal lease at the time of that lease's issuance, the 
original Federal lease would have been reasonably compact.
    (g) Leasing the lands will conserve natural resources and will 
provide for economical and efficient recovery as part of a mining unit; 
and
    (h) You meet the qualification requirements for holding a lease 
described in subpart 3502 of this chapter and the new or modified lease 
will not cause you to exceed the acreage limitations described in 
Sec. 3503.37.

[64 FR 53536, Oct. 1, 1999, as amended at 74 FR 641, Jan. 7, 2009]



Sec. 3510.20  Do I have to pay a fee to modify my existing lease 
or obtain a fringe acreage lease?

    Yes. Before BLM issues a new fringe acreage lease or modifies your 
existing lease, you must pay a bonus in an amount we will determine 
based on an appraisal or other appropriate means. The bonus cannot be 
less than $1 per acre or fraction of an acre.



Sec. 3510.21  What terms and conditions apply to fringe acreage
leases and lease modifications?

    Your fringe acreage lease is a new Federal lease. Therefore, we may 
impose terms and conditions different from those in your original 
Federal lease. A modified lease will be subject to the same terms and 
conditions as in the original Federal lease.



                 Subpart 3511_Lease Terms and Conditions



Sec. 3511.10  Do certain leases allow me to mine other commodities
as well?

    Yes. Sodium leases authorize you to mine potassium compounds as 
related products, and potassium leases authorize mining associated 
sodium compounds and related products. A phosphate lease allows you to 
use deposits of silica, limestone or other rock on the lease for use in 
the processing or refining of phosphate, phosphate rock, and associated 
minerals mined from the leased lands. You must pay royalty on these 
materials as specified in your lease.



Sec. 3511.11  If I am mining calcium chloride, may I obtain 
a noncompetitive mineral lease to produce the commingled 
sodium chloride?

    Yes. If you are producing calcium chloride in paying quantities from 
an existing mine which you control, you may apply to BLM for a 
noncompetitive lease to produce the commingled sodium chloride. You must 
already have authorization, under part 3800 of this chapter, for the 
locatable minerals. You must also meet the other requirements of this 
part for the commingled leasable minerals.



Sec. 3511.12  Are there standard terms and conditions which apply to
all leases?

    Yes. BLM will issue your lease on a standard form which will contain 
several terms and conditions. We will add your rental rate, royalty 
obligations and any special stipulations to this lease form.

[[Page 853]]



Sec. 3511.15  How long will my lease be in effect?

------------------------------------------------------------------------
                                                    Period of Renewal or
          Commodity               Initial Term          Readjustment
------------------------------------------------------------------------
(a) Phosphate...............  Indeterminate.......  Subject to
                                                     readjustment at the
                                                     end of each 20 year
                                                     period.
(b) Sodium..................  20 years............  Can be renewed for
                                                     10 years at the end
                                                     of the initial term
                                                     and for following
                                                     10 year periods.
(c) Potassium...............  Indeterminate.......  Subject to
                                                     readjustment at the
                                                     end of each 20 year
                                                     period.
(d) Sulphur.................  20 years............  Can be renewed for
                                                     10 years at the end
                                                     of the initial term
                                                     and for following
                                                     10 year periods.
(e) Gilsonite...............  20 years and for as   Subject to
                               long thereafter as    readjustment at the
                               gilsonite is          end of each 20 year
                               produced in paying    period.
                               quantities.
(f) Hardrock Minerals.......  not to exceed 20      Can be renewed for
                               years.                10 years at the end
                                                     of the initial term
                                                     and for following
                                                     10 year periods.
(g) Asphalt.................  20 years............  Can be renewed for
                                                     10 years at the end
                                                     of the initial term
                                                     and for following
                                                     10 year periods.
------------------------------------------------------------------------



Sec. 3511.25  What is meant by lease readjustment and lease renewal?

    (a) If your lease is issued subject to readjustment, BLM will notify 
you of the readjusted terms before the end of each 20-year period. If we 
do not timely notify you of readjusted terms, those leases continue for 
another 20-year period under the same terms and conditions.
    (b) If you have a lease that requires renewal, we will issue the 
lease for an initial term as specified in Sec. 3510.15 of this part. You 
must apply for a renewal of the lease at least 90 days before the 
initial term ends in order to extend the lease for an additional term. 
If you do not renew the lease, it expires and the lands become available 
for re-leasing. BLM may change some of your lease terms when we renew a 
lease.



Sec. 3511.26  What if I object to the terms and conditions BLM 
proposes for a readjusted lease?

    (a) You have 60 days after receiving the proposed readjusted terms 
to object. If we do not receive your objection within 60 days, the 
proposed readjusted terms will be in effect. If you file an objection, 
BLM will issue a decision in response. If you disagree with the 
decision, you may appeal under parts 4 and 1840 of this title.
    (b) The readjusted lease terms and conditions will be effective 
pending the outcome of any appeal, unless BLM provides otherwise.



Sec. 3511.27  How do I renew my lease?

    File an application at least 90 days before the lease term expires. 
No specific form is required. Send us 3 copies of your application 
together with the processing fee for lease renewal found in the fee 
schedule in Sec. 3000.12 of this chapter and an advance rental payment 
of $1 per acre or fraction of an acre.

[64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005]



Sec. 3511.30  If I appeal BLM's proposed new terms, must I continue
paying royalties or rentals while my appeal is pending?

    Yes. Continue to pay royalties and rentals at the original rate. 
Your obligation to pay any increased readjusted royalties, minimum 
royalties and rentals will be suspended while your appeal is considered. 
However, any increased charges accrue beginning with the effective date 
of the readjustment or renewal, while final action on your appeal is 
pending. If the increased charges are sustained on appeal, you must pay 
the accrued balance, plus interest at the rate MMS specifies for late 
payment in 30 CFR part 218.

[[Page 854]]



                 Subpart 3512_Assignments and Subleases

                          How to Assign Leases



Sec. 3512.11  Once BLM issues me a permit or lease, may I assign 
or sublease it?

    You may assign or sublease your permit or lease in whole or in part 
to any person, association, or corporation qualified to hold a permit or 
lease.



Sec. 3512.12  Is there a fee for requesting an assignment or sublease?

    When you submit your instrument for assignment of record title or 
operating rights, or for transfer of overriding royalties, you must pay 
the filing fee for assignment, sublease, or transfer of operating rights 
found in the fee schedule in Sec. 3000.12 of this chapter. BLM will not 
accept any instrument without the filing fee.

[64 FR 53536, Oct. 1, 1999, as amended at 72 FR 50888, Sept. 5, 2007]



Sec. 3512.13  How do I assign my permit or lease?

    (a) Within 90 days of final execution of the assignment, you must 
submit three copies of your instrument for assignment of each permit or 
lease. The instrument must contain:
    (1) The assignee's name and current address;
    (2) The interest held by you and the interest you plan to assign;
    (3) The serial number of the affected permit or lease;
    (4) The amount of overriding royalties you retain;
    (5) The date and your original signature on each copy, as the 
assignor; and
    (6) The assignee must also send BLM a request for approval of the 
assignment which must contain:
    (i) A statement of the assignee's qualifications and holdings, as 
required by subpart 3502 of this part;
    (ii) Date and original signature of the assignee; and
    (iii) The filing fee for assignment, sublease, or transfer of 
operating rights found in the fee schedule in Sec. 3000.12 of this 
chapter.
    (b) BLM must approve the assignment. We will notify you with a 
decision indicating approval or disapproval.
    (c) If you are assigning a portion of your permit or lease, we will 
create a new permit or lease for the assigned portion, if approved.

[64 FR 53536, Oct. 1, 1999, as amended at 72 FR 50888, Sept. 5, 2007]



Sec. 3512.16  How do I sublease my lease?

    (a) You must file one copy of the sublease between you and the 
sublessee within 90 days from the date of final execution of the 
sublease.
    (b) The sublessee must also file a signed and dated request for 
approval and a statement of qualifications (see subpart 3502 of this 
part), and submit the filing fee for assignment, sublease, or transfer 
of operating rights found in the fee schedule in Sec. 3000.12 of this 
chapter.
    (c) We will notify you with a decision indicating approval or 
disapproval.

[64 FR 53536, Oct. 1, 1999, as amended at 72 FR 50888, Sept. 5, 2007]



Sec. 3512.17  How do I transfer the operating rights in my permit 
or lease?

    (a) You must file one copy of the agreement to transfer operating 
rights within 90 days from the date of final execution of the agreement.
    (b) The transferee must also file a signed and dated request for 
approval and a statement of qualifications (see subpart 3502 of this 
part), and submit the filing fee for assignment, sublease, or transfer 
of operating rights found in the fee schedule in Sec. 3000.12 of this 
chapter.
    (c) We will notify you with a decision indicating approval or 
disapproval.

[64 FR 53536, Oct. 1, 1999, as amended at 72 FR 50888, Sept. 5, 2007]

                  Special Circumstances and Obligations



Sec. 3512.18  Will BLM approve my assignment or sublease if I have
outstanding liabilities?

    Before we will approve your assignment of a permit or lease, your 
account must be in good standing. We will also approve the assignment if 
the assignee and his or her surety provides written

[[Page 855]]

acceptance of your outstanding liabilities under the permit or lease. In 
addition, the assignee must either furnish a new bond equivalent to your 
existing bond or obtain consent of the surety on your bond to substitute 
the assignee as the principal.



Sec. 3512.19  Must I notify BLM if I intend to transfer an overriding
royalty to another party?

    Yes. Although we do not approve these transfers, you must file all 
overriding royalty interest transfers with the BLM within 90 days from 
the date of execution. Include the transferee's statement of 
qualifications required in subpart 3502 and the filing fee for transfer 
of overriding royalty found in the fee schedule in Sec. 3000.12 of this 
chapter.

[64 FR 53536, Oct. 1, 1999, as amended at 72 FR 50888, Sept. 5, 2007]

                Effect of Assignments on Your Obligations



Sec. 3512.25  If I assign my permit or lease, when do my obligations
under the permit or lease end?

    You and your surety remain responsible for the performance of all 
obligations under the permit or lease until the date we approve the 
assignment. You will continue to be responsible for obligations that 
accrued prior to the date of our approval of the assignment, whether or 
not they were identified at the time of the transfer.



Sec. 3512.30  What are the responsibilities of a sublessor and
a sublessee?

    After BLM's approval of a sublease becomes effective, the sublessor 
and sublessee are jointly and severably liable for performance of all 
obligations under the permit or lease.



Sec. 3512.33  Does an assignment or sublease alter the permit or lease terms?

    No, it does not alter permit or lease terms.



   Subpart 3513_Waiver, Suspension or Reduction of Rental and Minimum 
                                Royalties

                      Rental and Royalty Reductions



Sec. 3513.11  May BLM relieve me of the lease requirements of rental, 
minimum royalty, or production royalty while continuing to hold the
lease?

    Yes. BLM has a process which may allow you temporary relief from 
these lease requirements.



Sec. 3513.12  What criteria does BLM consider in approving a waiver,
suspension, or reduction in rental or minimum royalty, or a reduction 
in the royalty rate?

    We will consider if approval:
    (a) Is in the interest of conservation;
    (b) Will encourage the greatest ultimate recovery of the resource; 
and
    (c) Is necessary either to promote development of the mineral 
resources or because you cannot successfully operate the lease under 
existing terms.



Sec. 3513.15  How do I apply for reduction of rental, royalties 
or minimum production?

    You must send us two copies of your application with the following 
information for all leases involved:
    (a) The serial numbers;
    (b) The name of the record title holder(s);
    (c) The name of the operator and operating rights owners if 
different from the record title holder(s);
    (d) A description of the lands by legal subdivision;
    (e) A map showing the serial number and location of each mine or 
excavation and the extent of the mining operations;
    (f) A tabulated statement of the leasable minerals mined for each 
month covering at least the last twelve months before you filed your 
application, and the average production mined per day for each month;
    (g) If you are applying for relief from the minimum production 
requirement, complete information as to why you did not attain the 
minimum production;
    (h) A detailed statement of expenses and costs of operating the 
entire lease,

[[Page 856]]

and the income from the sale of any leased products;
    (i) All facts showing why you cannot successfully operate the mines 
under the royalty or rental fixed in the lease and other lease terms;
    (j) For reductions in royalty, full information as to whether you 
pay royalties or payments out of production to anyone other than the 
United States, the amounts paid and efforts you have made to reduce 
them;
    (k) Documents demonstrating that the total amount of overriding 
royalties paid for the lease will not exceed one-half the proposed 
reduced royalties due the United States; and
    (l) Any other information BLM needs to determine whether the request 
satisfies the standards in Sec. 3513.12 of this part.



Sec. 3513.16  Do I have to pay a fee when I apply for a waiver, 
suspension, or reduction of rental, minimum royalty, production
royalty, or minimum production?

    Yes. BLM will charge you a processing fee on a case-by-case basis, 
as described in Sec. 3000.11 of this chapter.

[70 FR 58878, Oct. 7, 2005]

     Suspension of Operations and Production (Conservation Concerns)



Sec. 3513.20  What is a suspension of operations and production 
(conservation concerns)?

    A suspension of operations and production (conservation concerns) is 
a BLM action where BLM orders or allows you to suspend operations in the 
interest of conservation of natural resources.



Sec. 3513.21  What is the effect of a suspension of operations and
production (conservation concerns)?

    BLM will extend your lease term by any periods of suspension of 
operations and production (conservation concerns). We will reduce the 
minimum annual production requirements of your lease proportionately for 
that time during a lease year in which a suspension of operations and 
production is effective. You do not have to pay rental and minimum 
annual production royalties starting with the first day of the next 
lease month after the suspension becomes effective. However, if the 
suspension is effective on the first day of the lease month, you may 
stop paying rentals and royalties that same day.



Sec. 3513.22  How do I apply for a suspension of operations and
production (conservation concerns)?

    Send us two copies of an application that explains why it is in the 
interest of conservation to suspend your operations and production.



Sec. 3513.23  May BLM order a suspension of operations and production 
(conservation concerns)?

    Yes, BLM may order a suspension of operations and production.



Sec. 3513.25  When will my suspension of operations and production 
(conservation concerns) take effect?

    Your suspension takes effect on the date BLM specifies.



Sec. 3513.26  When and how does my suspension of operations and
production (conservation concerns) expire or terminate?

    Your suspension ends on the expiration date that BLM specifies in 
the decision or order approving the suspension, or on the first day of 
the lease month in which you resume operations or production, whichever 
occurs first. All lease terms and obligations resume on this date. MMS 
will allow credit towards future rentals or royalties due, if you paid 
rent for the period of suspension of operations and production.

              Suspension of Operations (Economic Concerns)



Sec. 3513.30  What is a suspension of operations (economic concerns)?

    A suspension of operations (economic concerns) is an action by which 
BLM may approve your request to suspend operations on your lease when 
marketing conditions are such that you cannot operate your leases except 
at a loss. BLM may not order a suspension of operations (economic 
concerns) unless you request it.

[[Page 857]]



Sec. 3513.31  What is the effect of a suspension of operations
(economic concerns)?

    This suspension does not affect the term of the lease or the annual 
rental payment. BLM will reduce the minimum annual production 
requirements of your lease in proportion to that part of the lease year 
for which a suspension of operations is effective.



Sec. 3513.32  How do I apply for a suspension of operations
(economic concerns)?

    Send us two copies of your application which shows why your lease 
cannot be operated except at a loss.



Sec. 3513.33  When will my suspension of operations
(economic concerns) take effect?

    Your suspension will be effective on the date BLM specifies. You do 
not have to pay royalty on minimum annual production beginning on the 
first day of the next lease month after the suspension becomes 
effective. If the effective date is the first of the month, you may stop 
paying royalty on minimum annual production on that day.



Sec. 3513.34  When and how does my suspension of operations (economic
concerns) expire or terminate?

    The suspension of operations (economic concerns) ends on the 
expirations date that BLM specifies in the decision approving the 
suspension, or on the first day of the lease month in which you resume 
operations, whichever occurs first. Your obligation for minimum annual 
production resumes at this time.



          Subpart 3514_Lease Relinquishments and Cancellations

                        Relinquishing Your Lease



Sec. 3514.11  May I relinquish my lease or any part of my lease?

    If you can show, to BLM's satisfaction, that the public interest 
will not be impaired, you may relinquish your entire lease or any legal 
subdivision of it. Notify us in writing that you intend to relinquish 
all or part of your lease. Include your original signature and date. If 
we approve your relinquishment, you are required to pay all accrued 
rentals and royalties, and to perform any reclamation of the leased 
lands that BLM may require. In some cases, BLM may require you to 
preserve any mines, productive works or permanent improvements on the 
leased lands in accordance with the terms of your lease.



Sec. 3514.12  What additional information should I include in
a request for partial relinquishment?

    Any partial relinquishment must also clearly describe the lands you 
are relinquishing and give the exact area involved.



Sec. 3514.15  Where do I file my relinquishment?

    File the relinquishment in the BLM office that issued the lease.



Sec. 3514.20  When is my relinquishment effective?

    When BLM approves your relinquishment, it will be effective as of 
the date you filed it.



Sec. 3514.21  When will BLM approve my relinquishment?

    We will accept your relinquishment when you have met all terms and 
conditions of the lease, including reclamation obligations.

            Cancellations, Forfeitures, and Other Situations



Sec. 3514.25  When does my lease expire?

    (a) Sodium, sulphur, asphalt, and hardrock mineral leases expire at 
the end of the lease term. If you file a timely application for lease 
renewal under Sec. 3511.27 of this part, your lease expires on the 
expiration date or the date BLM rejected your application, whichever is 
later.
    (b) Potassium, phosphate and gilsonite leases continue for so long 
as you comply with the lease terms and conditions which are subject to 
periodic readjustment.
    (c) For more information, see Sec. 3511.15 of this part.

[[Page 858]]



Sec. 3514.30  May BLM cancel my lease?

    (a) Yes. BLM may institute appropriate proceedings in a court of 
competent jurisdiction to cancel your lease if:
    (1) You do not comply with the provisions of the Mineral Leasing 
Act, other relevant statutes, or regulations applicable to your lease; 
or
    (2) You default on any of the lease terms, covenants or stipulations 
and continue to fail or default for 30 days after BLM notifies you in 
writing of your default.
    (b) BLM may cancel your lease administratively if we issued it in 
violation of any law or regulation. In such a case, we may consider 
issuing an amended lease, if appropriate.



Sec. 3514.31  May BLM waive cancellation or forfeiture?

    Yes, but our waiver of any particular cause of forfeiture will not 
prevent us from canceling and forfeiting the lease for any other cause 
or for the same cause occurring at any other time.



Sec. 3514.32  Will BLM give me an opportunity to remedy a violation
of the lease terms?

    (a) If you own or control, directly or indirectly, an interest in a 
lease in violation of any of the provisions of the Mineral Leasing Act, 
other relevant statutes, the lease terms or the regulations in this 
part, we will give you 30 days to remedy the violation or to show cause 
why we should not ask the Attorney General to institute court 
proceedings to:
    (1) Cancel the lease;
    (2) Forfeit your interest; or
    (3) Compel disposal of the interest so owned or controlled.
    (b) BLM will not give you 30 days if there is no legal remedy to the 
violation.



Sec. 3514.40  What if I am a bona fide purchaser and my lease is 
subject to cancellation?

    (a) If you are a bona fide purchaser, BLM will not cancel your lease 
or your interest in a lease based on your predecessor's actions. 
However, you must be sure that the lease is in compliance with the terms 
and conditions required by BLM.
    (b) BLM will promptly take action to dismiss any party who shows 
they are a bona fide purchaser from any legal proceedings to cancel the 
lease.



                  Subpart 3515_Mineral Lease Exchanges

                       Lease Exchange Requirements



Sec. 3515.10  May I exchange my lease or lease right for another 
mineral lease or lease right?

    Yes. BLM may determine that operations on your lease or lands for 
which you have a preference right to a lease are not in the public 
interest. If you or BLM identify other lands for exchange, you may 
relinquish your current lease or preference right in exchange for a 
mineral lease of other lands of equal value.



Sec. 3515.12  What regulatory provisions apply if I want to 
exchange a lease or lease right?

    (a) Except as provided in paragraph (b) of this section, this 
subpart and the relevant provisions of part 2200 of this title apply to 
mineral lease exchanges.
    (b) Exchanges involving the issuance of coal leases, coal lease 
bidding rights or coal lease modifications are subject to the 
regulations in subpart 3435 of this chapter rather than to the 
regulations in this part.



Sec. 3515.15  May BLM initiate an exchange?

    Yes. When we do:
    (a) We will notify you that we are prepared to consider exchange of 
a mineral lease if you relinquish your existing leasing rights.
    (b) We may exchange all or any part of the lands under your 
preference right lease application(s) or lease(s).



Sec. 3515.16  What standards does BLM use to assess the public 
interest of an exchange?

    BLM must find that the exchange is in the public interest under the 
following criteria:
    (a) The benefits of production from your existing lease or 
preference right to a lease would not outweigh the adverse effects on, 
or threat of damage or destruction to:

[[Page 859]]

    (1) Agricultural production potential;
    (2) Scenic values;
    (3) Biological values including threatened or endangered species 
habitat;
    (4) Geologic values;
    (5) Archeological, historic or other cultural values;
    (6) Other public interest values such as recreational use;
    (7) Residential or urban areas;
    (8) Potential inclusion in the wilderness or wild and scenic rivers 
systems; or
    (9) Other public uses, including public highways, airports, and 
rights-of-way from lease operations.
    (b) The lands proposed for exchange must be free from hazardous 
waste as defined under the authorities of the Federal Water Pollution 
Control Act (33 U.S.C. 1251), Resource Conservation and Recovery Act (42 
U.S.C. 6901) and the Comprehensive Environmental Response, Compensation 
and Liability Act (42 U.S.C. 9601).



Sec. 3515.18  Will I be notified when BLM is considering initiating
an exchange that will affect my lease?

    Yes. The notice you receive will:
    (a) State why we believe an exchange would be in the public 
interest;
    (b) Ask whether you are willing to negotiate for an exchange;
    (c) Contain a description of the lands for which we would offer 
exchange terms; and
    (d) Ask you to describe the lands on which you would accept a lease 
in exchange for your present holdings.

                        Types of Lease Exchanges



Sec. 3515.20  May I exchange preference rights?

    Yes. To have a preference right that can be exchanged, you must have 
timely submitted a preference right lease application. If you have 
demonstrated a right to a lease, BLM may, in lieu of issuing the 
preference right lease, negotiate for the selection of appropriate lands 
to exchange and establish lease terms for those lands.



Sec. 3515.21  What types of lands can be exchanged?

    The lands to be leased in exchange for your existing rights must be:
    (a) Subject to leasing under the authorities of this part; and
    (b) Acceptable to both you and BLM as a lease tract containing a 
deposit of leasable or hardrock minerals of equal value to your existing 
rights.



Sec. 3515.22  What if the lands to be exchanged are not of equal
value?

    If the lands are not equal in value, either party may equalize the 
value by paying money to the party receiving the property of lesser 
value. Such payments may not exceed 25 percent of the total value of the 
land or interest transferred out of Federal ownership. The parties may 
mutually agree to waive the monetary payment, if the Secretary 
determines that:
    (a) A waiver will expedite the exchange;
    (b) The public interest will be better served by the waiver than by 
the payment; and
    (c) The amount to be waived is no more than 3 percent of the value 
of the lands being transferred out of Federal ownership, or $15,000, 
whichever is less.

                        Lease Exchange Procedures



Sec. 3515.23  May BLM require me to submit additional information?

    Yes. You must be willing to provide geologic and economic data we 
need to determine the fair market value of your preference right or 
lease to be relinquished.



Sec. 3515.25  Is BLM required to publish notice or hold a hearing?

    Yes. After you and BLM agree on the lands for exchange, we will 
publish a notice of the proposed exchange in the Federal Register and in 
a newspaper(s) in the county(s) where the lands involved are located. 
The notice will include:
    (a) The time and place of a public hearing(s);
    (b) Our preliminary findings that the exchange is in the public 
interest; and
    (c) A request for public comments on the merits of the proposed 
exchange.

[[Page 860]]



Sec. 3515.26  When will BLM make a decision on the exchange?

    After the public hearing and consideration of public comments, we 
will determine whether issuance of the exchange lease is in the public 
interest. If it is, we will then process the exchange. If not, we will 
cancel the exchange.



Sec. 3515.27  Will BLM attach any special provisions to the exchange
lease?

    Yes, the lease terms will contain a statement that you quitclaim and 
relinquish any right or interest in your preference right lease 
application or lease exchanged.



                        Subpart 3516_Use Permits



Sec. 3516.10  What are use permits?

    Use permits allow you to use the surface of lands not included 
within your permit or lease to help you develop the mineral deposits. 
You may only get a use permit during the life of your permit or lease, 
and only for unentered, unappropriated, BLM-administered land. Use 
permits are not prospecting permits.



Sec. 3516.11  What kinds of permits or leases allow use permits?

    Use permits are issued only in support of phosphate and sodium 
permits and leases. For phosphate permits and leases, BLM may issue you 
a use permit to use up to 80 acres. For sodium leases, use permits are 
limited to no more than 40 acres.



Sec. 3516.12  What activities may I conduct under a use permit?

    Phosphate use permits authorize you to conduct activities to 
properly extract, treat, or remove the mineral deposits. Sodium use 
permits authorize you to occupy camp sites, develop refining works and 
use the surface for other purposes connected with, and necessary to, the 
proper development and use of the deposits.



Sec. 3516.15  How do I apply for a use permit?

    You must file three copies of your application in the BLM office 
administering the lands you are interested in. There is no specific form 
required. Include the filing fee for a use permit found in the fee 
schedule in Sec. 3000.12 of this chapter and the first year's rental. 
Calculate the rental in accordance with Sec. 3504.15 of this part.

[64 FR 53536, Oct. 1, 1999, as amended at 72 FR 50888, Sept. 5, 2007]



Sec. 3516.16  What must I include with my application?

    You must agree to pay the annual charge identified in the permit, 
and provide the following information:
    (a) Specific reasons why you need the additional lands;
    (b) A description of the lands applied for;
    (c) Any information demonstrating that the lands are suitable and 
appropriate for your needs; and
    (d) Evidence that the lands are unoccupied and unappropriated.



Sec. 3516.20  Is there an annual fee or charge for use of the lands?

    Yes. You must pay the annual $1 per acre rental, or $20, whichever 
is greater, on or before the anniversary date of the permit.



Sec. 3516.30  What happens if I fail to pay the annual rental on 
my use permit?

    Your use permit will terminate automatically if you fail to pay the 
required rental within 30 days after we serve you with a written notice 
of the rental requirement.



  Subpart 3517_Hardrock Mineral Development Contracts; Processing and 
                          Milling Arrangements



Sec. 3517.10  What are development contracts and processing and 
milling arrangements?

    Development contracts and processing and milling arrangements 
involving hardrock minerals are agreements between one or more lessees 
and one or more other persons to justify large scale operations for the 
discovery, development, production, or transportation of ores.

[[Page 861]]



Sec. 3517.11  Are permits and leases covered by approved agreements
exempt from the acreage limitations?

    Hardrock mineral permits and leases committed to development 
contracts or processing or milling arrangements approved by BLM are 
exempt from state and nationwide acreage limitations. We will not count 
them toward your maximum acreage holdings. However, individual hardrock 
mineral leases committed to a development contract or lease may not 
exceed 2560 acres in size.



Sec. 3517.15  How do I apply for approval of one of these agreements?

    No specific form is required. Submit three copies of your 
application to the BLM office with jurisdiction over some or all of the 
lands in which you are interested. Include the following information:
    (a) Copies of the contract or other agreement affecting the Federal 
hardrock mineral leases or permits, or both;
    (b) A statement showing the nature and reason for your request;
    (c) A statement showing all the interests held in the area of the 
agreement by the designated contractor; and
    (d) The proposed or agreed upon plan of operation for development of 
the leased lands.



Sec. 3517.16  How does BLM process my application?

    (a) We will consider whether the agreement will conserve natural 
resources and is in the public interest.
    (b) Once the agreement is signed by all the parties, we may approve 
it.



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.
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.

[[Page 862]]

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: 16 U.S.C. 90c-1, 460n-5, 460q-5, 460dd-2, 460mm-4; 30 
U.S.C. 189, 293, 359; 31 U.S.C. 9701; 43 U.S.C. 1201, 1732(b), 1733, 
1740; 47 Stat. 1487.

    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.



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

[[Page 863]]

$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 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.

[[Page 864]]

    (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 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

[[Page 865]]

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 must be filed in triplicate in the proper BLM office and 
must be accompanied by the filing fee for Shasta and Trinity hardrock 
mineral leases found in the fee schedule in Sec. 3000.12 of this 
chapter.

[51 FR 15213, Apr. 22, 1986, as amended at 72 FR 50888, Sept. 5, 2007]



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.



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

[[Page 866]]

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]



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)).

[[Page 867]]



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 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.

[[Page 868]]



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;
    (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 must furnish to BLM copies of all data obtained during 
exploration. If part 2 of this title requires any such data to be held 
confidential, BLM will not make it public.

[63 FR 52954, Oct. 1, 1998]



                 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

[[Page 869]]

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 must be filed in triplicate in the proper BLM 
office within 90 days prior to the expiration of the lease term and be 
accompanied by the filing fee for renewal of existing sand and gravel 
leases in Nevada found in the fee schedule in Sec. 3000.12 of this 
chapter. 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.

[51 FR 15213, Apr. 22, 1986, as amended at 72 FR 50889, Sept. 5, 2007]



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.



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.
3590.2  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.

[[Page 870]]

                 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: 5 U.S.C. Appendix; 16 U.S.C. 90c-1, 460n-5, 460q-5, 
460dd-2 et seq., 460mm-4, 508(b); 25 U.S.C. 396d, 2107; 30 U.S.C. 189, 
192c, 293, 359; 31 U.S.C. 9701; 42 U.S.C. 4321 et seq.; 43 U.S.C. 1201, 
1732(b), 1733, 1740; 35 Stat. 315; 47 Stat. 1487.

    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,

[[Page 871]]

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.



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 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.

[[Page 872]]



  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:
    (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

[[Page 873]]

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 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

[[Page 874]]

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 
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

[[Page 875]]

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:
    (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.

[[Page 876]]

    (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 3595_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.



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

[[Page 877]]

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 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.

[[Page 878]]

    (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]



Group 3600_Mineral Materials Disposal--Table of Contents



    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--Table of Contents



       Subpart 3601_Mineral Materials Disposal; General Provisions

                         Fundamental Provisions

Sec.
3601.1  Purpose.
3601.3  Authority.
3601.5  Definitions.
3601.6  Policy.

[[Page 879]]

3601.8  Public availability of information.
3601.9  Information collection.

              Limitations on Disposal of Mineral Materials

3601.10  Limitations on BLM's discretion to dispose of mineral 
          materials.
3601.11  When will environmental considerations prevent BLM from 
          disposing of mineral materials?
3601.12  What areas does BLM exclude from disposal of mineral materials?
3601.13  How can I obtain mineral materials from Federal lands that have 
          been withdrawn to aid a function of another Federal agency or 
          of a State or local government agency?
3601.14  When can BLM dispose of mineral materials from unpatented 
          mining claims?

                   Rights of Purchasers and Permittees

3601.20  Rights of parties.
3601.21  What rights does a person have under a materials sales contract 
          or use permit?
3601.22  What rights remain with the United States when BLM sells or 
          issues a permit for mineral materials?

                  Pre-Application Sampling and Testing

3601.30  Pre-application activities--how and when may I sample and test 
          mineral materials?

                      Mining and Reclamation Plans

3601.40  Mining and reclamation plans.
3601.41  What information must I include in my mining plan?
3601.42  What information must I include in my reclamation plan?
3601.43  What is the process for BLM to approve my mining and 
          reclamation plans?
3601.44  How and when may my mining or reclamation plan be modified?

                   Contract and Permit Administration

3601.50  Administration of sales contracts and free use permits.
3601.51  How will BLM inspect my operation?
3601.52  After I finish my operations, when must I remove improvements 
          and equipment?

                    Contract and Permit Cancellation

3601.60  Cancellation.
3601.61  When may BLM cancel my contract or permit?
3601.62  Cancellation procedure.

                            Unauthorized Use

3601.70  Unauthorized use.
3601.71  What constitutes unauthorized use?
3601.72  What are the consequences of unauthorized use?

                                 Appeals

3601.80  How do I appeal a final decision by BLM?

                  Subpart 3602_Mineral Materials Sales

                              Applications

3602.10  Applying for a mineral materials sales contract.
3602.11  How do I request a sale of mineral materials?
3602.12  How does the mineral materials sales process affect other users 
          of the same public lands?
3602.13  How does BLM measure and establish the price of mineral 
          materials?
3602.14  What kind of financial security does BLM require?
3602.15  What will happen to my bond if I transferred all of my 
          interests or operations to another bonded party?

                         Administration of Sales

3602.20  Administration of mineral materials sales.
3602.21  What payment terms apply to my mineral materials sales 
          contract?
3602.22  When will a contract terminate?
3602.23  When will BLM make refunds or allow credits?
3602.24  When may I assign my materials sales contract?
3602.25  What rights and responsibilities does my assignee assume?
3602.26  If I assign my contract, when do my obligations under the 
          contract end?
3602.27  When will BLM extend the term of a contract?
3602.28  What records must I maintain and how long must I keep them?
3602.29  How will BLM verify my production?

                          Noncompetitive Sales

3602.30  Noncompetitive sales.
3602.31  What volume limitations and fees generally apply to 
          noncompetitive mineral materials sales?
3602.32  What volume and other limitations pertain to noncompetitive 
          sales associated with public works projects?
3602.33  How will BLM dispose of mineral materials for use in developing 
          Federal mineral leases?
3602.34  What is the term of a noncompetitive contract?

                            Competitive Sales

3602.40  Competitive sales.
3602.41  When will BLM sell mineral materials on a competitive basis?
3602.42  How does BLM publicize competitive mineral materials sales?
3602.43  How does BLM conduct competitive mineral materials sales?
3602.44  How do I make a bid deposit?

[[Page 880]]

3602.45  What final steps will BLM take before issuing me a contract?
3602.46  What is the term of a competitive contract?
3602.47  When and how may I renew my competitive contract and what is 
          the fee?
3602.48  What may BLM require when renewing my contract?
3602.49  When will BLM issue a non-renewable contract?

            Subpart 3603_Community Pits and Common Use Areas

       Disposal of Materials--Community Pits and Common Use Areas

3603.10  Disposal of mineral materials from community pits and common 
          use areas.
3603.11  What rights pertain to users of community pits?
3603.12  What rights pertain to users of common use areas?
3603.13  What price does BLM charge under materials sales contracts for 
          mineral materials from community pits and common use areas?
3603.14  What plans do I need to prepare to mine or remove mineral 
          materials from a community pit or common use area?

                               Reclamation

3603.20  Reclamation.
3603.21  What reclamation requirements pertain to community pits and 
          common use areas?
3603.22  What fees must I pay to cover the cost of reclamation of 
          community pits and common use areas?

               Subpart 3604_Free Use of Mineral Materials

                       Obtaining Free Use Permits

3604.10  Permits for free use of mineral materials.
3604.11  How do I apply for a free use permit?
3604.12  Who may obtain a free use permit?
3604.13  When will BLM decline to issue a free use permit to a qualified 
          applicant?

                       Administration of Free Use

3604.20  Administration of free use permits.
3604.21  What is the term of a free use permit?
3604.22  What conditions and restrictions pertain to my free use permit?
3604.23  When and how may I assign my free use permit?
3604.24  Who may remove materials on my behalf?
3604.25  What bond requirements pertain to free use permits?
3604.26  When will BLM cancel my permit?
3604.27  What rights does a free use permit give me against other users 
          of the land?

    Authority: 30 U.S.C. 601 et seq.; 43 U.S.C. 1201, 1701 et seq.; Sec. 
2, Act of September 28, 1962 (Pub. L. 87-713, 76 Stat. 652).

    Source: 66 FR 58901, Nov. 23, 2001, unless otherwise noted.



       Subpart 3601_Mineral Materials Disposal; General Provisions

                         Fundamental Provisions



Sec. 3601.1  Purpose.

    The regulations in this part establish procedures for the 
exploration, development, and disposal of mineral material resources on 
the public lands, and for the protection of the resources and the 
environment. The regulations apply to permits for free use and contracts 
for sale of mineral materials.



Sec. 3601.3  Authority.

    (a) BLM's authority to dispose of sand, gravel, and other mineral 
and vegetative materials that are not subject to mineral leasing or 
location under the mining laws is the Act of July 31, 1947, as amended 
(30 U.S.C. 601 et seq.), commonly referred to as the Materials Act. This 
authority applies to sale and free use of these materials. BLM's 
authority to allow removal of limited quantities of petrified wood from 
public lands without charge is section 2 of the Act of September 28, 
1962 (Pub. L. 87-713, 76 Stat. 652).
    (b) Section 302 of the Federal Land Policy and Management Act of 
1976 (FLPMA) (43 U.S.C. 1732) provides the general authority for BLM to 
manage the use, occupancy, and development of the public lands under the 
principles of multiple use and sustained yield in accordance with the 
land use plans that BLM develops under FLPMA.
    (c) Section 304 of FLPMA (43 U.S.C. 1734) and the Independent 
Offices Appropriation Act of 1952 (31 U.S.C. 9701) authorize the U.S. 
Government to collect fees and to require reimbursement of its costs.



Sec. 3601.5  Definitions.

    As used in this part the term:
    Act means the Materials Act of July 31, 1947, as amended (30 U.S.C. 
601, et seq.).
    BLM means the Bureau of Land Management.

[[Page 881]]

    Common use area means a generally broad geographic area from which 
BLM can make disposals of mineral materials to many persons, with only 
negligible surface disturbance. The use is dispersed throughout the 
area.
    Community pit means a relatively small, defined area from which BLM 
can make disposals of mineral materials to many persons. The surface 
disturbance is usually extensive in the confined area.
    Mineral materials means, but is not limited to, petrified wood and 
common varieties of sand, stone, gravel, pumice, pumicite, cinders, and 
clay.
    Performance bond means a bond to ensure compliance with the terms of 
the contract and reclamation of the site as BLM requires.
    Permittee means any Federal, State, or territorial agency, unit, or 
subdivision, including municipalities, or any non-profit organization, 
to which BLM issued a free use permit for the removal of mineral 
materials from the public lands.
    Public lands means any lands and interest in lands owned by the 
United States and administered by the Secretary of the Interior through 
BLM without regard to how the United States acquired ownership, except 
lands held for the benefit of Indians, Aleuts, and Eskimos.
    Purchaser means any person, including a business or government 
entity, buying or holding a contract to purchase mineral materials on 
the public lands.



Sec. 3601.6  Policy.

    It is BLM's policy:
    (a) To make mineral materials available unless it is detrimental to 
the public interest to do so;
    (b) To sell mineral material resources at not less than fair market 
value;
    (c) To permit Federal, State, Territorial, and local government 
entities and non-profit organizations free use of these materials for 
qualified purposes;
    (d) To protect public land resources and the environment and 
minimize damage to public health and safety during the exploration for 
and the removal of such minerals;
    (e) To prevent unauthorized removal of mineral materials; and
    (f) To require purchasers and permittees to account for all removals 
of mineral materials.



Sec. 3601.8  Public availability of information.

    (a) All data and information concerning Federal and Indian minerals 
that you submit under this part are subject to part 2 of this title. 
Part 2 of this title includes the regulations of the Department of the 
Interior covering the public disclosure of data and information 
contained in Department of the Interior records. BLM may make available 
for inspection certain mineral information not protected from disclosure 
under part 2 of this title without a Freedom of Information Act (FOIA) 
(5 U.S.C. 552) request.
    (b) When you submit data and information under this part that you 
believe to be exempt from public disclosure, and that you wish BLM to 
withhold from such disclosure, you must clearly mark each page that you 
believe includes confidential information. BLM will keep all data and 
information confidential to the extent allowed by Sec. 2.13(c) of this 
title.



Sec. 3601.9  Information collection.

    The Office of Management and Budget has approved the information 
collection requirements in part 3600 under 44 U.S.C. 3501 et seq. and 
assigned clearance number 1004-0103. BLM is collecting the information 
to allow us to determine if you are qualified to purchase or have free 
use of mineral materials on the public lands. You must respond to obtain 
a benefit.

              Limitations on Disposal of Mineral Materials



Sec. 3601.10  Limitations on BLM's discretion to dispose of mineral 
materials.



Sec. 3601.11  When will environmental considerations prevent BLM from 
disposing of mineral materials?

    BLM will not dispose of mineral materials if we determine that the 
aggregate damage to public lands and resources would exceed the public 
benefits that BLM expects from the proposed disposition.

[[Page 882]]



Sec. 3601.12  What areas does BLM exclude from disposal of mineral
materials?

    (a) BLM will not dispose of mineral materials from wilderness areas 
or other areas where it is expressly prohibited by law. This includes 
national parks and monuments.
    (b) BLM will not dispose of mineral materials from Indian lands and 
lands set aside or held for the use or benefit of Indians.
    (c) BLM will not dispose of mineral materials from areas identified 
in land use plans as not appropriate for mineral materials disposal.



Sec. 3601.13  How can I obtain mineral materials from Federal lands
that have been withdrawn to aid a function of another Federal agency
or of a State or local government agency?

    If you wish to obtain mineral materials from lands withdrawn to aid 
a function of another Federal agency or of a State or local government 
agency, you may apply to BLM. BLM will dispose of the mineral materials 
only with the consent of that agency.



Sec. 3601.14  When can BLM dispose of mineral materials from
unpatented mining claims?

    (a) BLM may dispose of mineral materials from unpatented mining 
claims if disposal does not endanger or materially interfere with 
prospecting, mining, or processing operations, or uses reasonably 
incident thereto.
    (b) BLM will ask a mining claimant for a waiver before disposing of 
mineral materials from a claim. If the mining claimant refuses to sign a 
waiver, BLM will make sure that disposal of the mineral materials will 
not be detrimental to the public interest. We also will consult with the 
Solicitor's Office, if necessary, before proceeding with the disposal.

                   Rights of Purchasers and Permittees



Sec. 3601.20  Rights of parties.



Sec. 3601.21  What rights does a person have under a materials 
sales contract or use permit?

    (a) Unless otherwise provided, if you are a purchaser under a sales 
contract or a free use permittee, you have the right to:
    (1) Extract, remove, process, and stockpile the material until the 
contract or permit terminates, regardless of any rights others acquire 
later under the provisions of the general land laws; and
    (2) Use and occupy the described lands to the extent necessary for 
fulfillment of the contract or permit.
    (b) Users of the lands covered by your materials sales contract or 
free use permit who acquire their rights later than the date BLM 
designated the tract for mineral materials disposal will be subject to 
your existing use authorization, as provided in Sec. 3602.12. This 
applies to uses due to any later settlement, location, lease, sale, or 
other appropriation under the general land laws, including the mineral 
leasing and mining laws.



Sec. 3601.22  What rights remain with the United States when BLM sells
or issues a permit for mineral materials?

    Your sale contract or use permit is subject to the continuing right 
of the United States to issue leases, permits, and licenses for the use 
and occupancy of the lands, if such use would not endanger or materially 
interfere with the production or removal of materials under contract or 
permit.

                  Pre-Application Sampling and Testing



Sec. 3601.30  Pre-application activities--how and when may I sample
and test mineral materials?

    (a) BLM may authorize you in writing to sample and test mineral 
materials. The authorization letter expires after 90 days, but BLM may 
extend it for an additional 90 days if you show us that an extension is 
necessary. BLM may authorize these activities before issuing a sales 
contract or free use permit.
    (b) You must submit your sampling and testing findings to BLM. All 
information you submit under this section is subject to part 2 of this 
title. That part sets forth the rules of the Department of the Interior 
relating to public availability of information contained in Departmental 
records. (See Sec. 3601.8.)

[[Page 883]]

    (c) A letter from BLM authorizing you to sample and test mineral 
materials does not give you a preference right to a sales contract or 
free use permit.
    (d) BLM may impose bonding and reclamation requirements on sampling 
and testing that you conduct under an authorization letter.

                      Mining and Reclamation Plans



Sec. 3601.40  Mining and reclamation plans.

    BLM may require you to submit mining and reclamation plans before we 
begin any environmental review or issue a contract or permit. You may 
combine these plans in one document.



Sec. 3601.41  What information must I include in my mining plan?

    If BLM requires you to submit a mining plan, it must include:
    (a) A map, sketch, or aerial photograph identifying the area for 
which you are applying, the area and depth you plan to disturb, existing 
and proposed access, and the names and locations of major topographic 
and known cultural features;
    (b) A description of your proposed methods of operation and the 
periods during which you will operate;
    (c) A description of measures you will take to prevent hazards to 
public health and safety and to minimize and mitigate environmental 
damage; and
    (d) Such other information as BLM may require.



Sec. 3601.42  What information must I include in my reclamation plan?


    If BLM requires you to submit a reclamation plan, it must include:
    (a) A statement of the proposed manner and time in which you will 
complete reclamation of the areas disturbed by your operations;
    (b) A map or sketch which delineates the area you will reclaim; and
    (c) Such other information as BLM may require.



Sec. 3601.43  What is the process for BLM to approve my mining 
and reclamation plans?

    (a) After reviewing your mining and reclamation plans, BLM will 
notify you of any deficiencies in the plans and recommend the changes 
necessary. BLM will notify you in writing when we approve your plan. You 
must follow BLM-approved mining and reclamation plans, which become part 
of the contract or permit.
    (b) Your operation must not deviate from the plan BLM approves, 
unless it is modified under Sec. 3601.44.



Sec. 3601.44  How and when may my mining or reclamation plan be
modified?

    (a) Either you or BLM may initiate a modification of an approved 
mining or reclamation plan to adjust for changed conditions or to 
correct any oversight. BLM will consult with you before requiring a 
modification.
    (b) If BLM notifies you that you must modify your plan, you must 
prepare the modification, or explain why you need more time, within 30 
days. If you fail to modify your plan to BLM's satisfaction, BLM may 
order you to stop operations under your contract or permit.
    (c) When you ask to change an approved mining or reclamation plan 
for one of the reasons in paragraph (a) of this section, BLM will notify 
you in writing within 30 days whether we approve the modification, deny 
it, or require any changes in it.

                   Contract and Permit Administration



Sec. 3601.50  Administration of sales contracts and free use permits.



Sec. 3601.51  How will BLM inspect my operation?

    You must allow BLM access at any reasonable time:
    (a) To inspect or investigate the mine condition;
    (b) To conduct surveys;
    (c) To estimate the volume, types, and composition of commodities 
that you mine or remove;
    (d) To examine weight tickets, truck logs, and other records that 
BLM finds necessary to verify production; or
    (e) To determine whether you comply with contract, permit, 
statutory, or regulatory requirements.

[66 FR 58901, Nov. 23, 2001; 67 FR 68778, Nov. 13, 2002]

[[Page 884]]



Sec. 3601.52  After I finish my operations, when must I remove
improvements and equipment?

    After your contract or permit period expires, or after cancellation 
of your permit or contract, BLM will allow you up to 90 days, excluding 
periods of inclement weather, to remove the equipment, personal 
property, and any other improvements that you placed on the public 
lands. You may leave in place improvements such as roads, culverts, and 
bridges if BLM consents. If you fail to remove equipment, personal 
property, or any other improvement, it becomes the property of the 
United States. However, you remain liable for the cost of its removal 
and for restoration of the site.

                    Contract and Permit Cancellation



Sec. 3601.60  Cancellation.



Sec. 3601.61  When may BLM cancel my contract or permit?

    BLM may cancel your contract or free use permit if you:
    (a) Fail to comply with the provisions of the Materials Act of 1947, 
as amended (30 U.S.C. 601 et seq.);
    (b) Fail to comply with any applicable regulations; or
    (c) Default in the performance of any material term, covenant, or 
stipulation in the contract.



Sec. 3601.62  Cancellation procedure.

    (a) BLM will give you written notice of any defaults, breach, or 
cause of forfeiture, either in person or by certified mail. You have 30 
days after receiving the notice:
    (1) To correct all defaults;
    (2) To request an extension of time in which to correct the 
defaults; or
    (3) To submit evidence showing to BLM's satisfaction why we should 
not cancel your contract or free use permit.
    (b) If you fail to respond to the notice under paragraph (a) of this 
section, or if delivery of the notice is refused, or not completed as 
described in Sec. 1810.2 of this chapter, BLM may cancel the contract or 
permit.

                            Unauthorized Use



Sec. 3601.70  Unauthorized use.



Sec. 3601.71  What constitutes unauthorized use?

    (a) Except as provided in paragraph (b) of this section, you must 
not extract, sever, or remove mineral materials from public lands under 
the jurisdiction of the Department of the Interior, unless BLM or 
another Federal agency with jurisdiction authorizes the removal by sale 
or permit. Violation of this prohibition constitutes unauthorized use.
    (b) If you own the surface estate of lands with reserved Federal 
minerals, you may use mineral materials within the boundaries of your 
surface estate without a sales contract or permit only in the following 
circumstances:
    (1) You use a minimal amount of mineral materials for your own 
personal use;
    (2) You have statutory authority to use the mineral materials; or
    (3) You have other express authority to use the mineral materials.



Sec. 3601.72  What are the consequences of unauthorized use?

    Unauthorized users are liable for damages to the United States, and 
are subject to prosecution for such unlawful acts (see subpart 9239 of 
this chapter).

                                 Appeals



Sec. 3601.80  How do I appeal a final decision by BLM?

    If a BLM decision adversely affects you, you may appeal the decision 
in accordance with parts 4 and 1840 of this title.



                  Subpart 3602_Mineral Materials Sales

                              Applications



Sec. 3602.10  Applying for a mineral materials sales contract.



Sec. 3602.11  How do I request a sale of mineral materials?

    (a) You may submit a written request for sale of mineral materials 
to the BLM office with jurisdiction over the

[[Page 885]]

site containing the materials. No particular form is required for this 
request.
    (b) BLM also may initiate a sale without a request under paragraph 
(a) of this section.
    (c) You must pay a processing fee as provided in Secs. 3602.31(b) 
and 3602.44(f). If the request is for mineral materials that are from a 
community pit or common use area this requirement does not apply.

[66 FR 58901, Nov. 23, 2001, as amended at 70 FR 58878, Oct. 7, 2005; 72 
FR 50888, Sept. 5, 2007]



Sec. 3602.12  How does the mineral materials sales process affect
other users of the same public lands?

    (a) When BLM designates tracts for competitive or noncompetitive 
sale of mineral materials, and notes the designation in the public land 
records, it creates a right to remove the materials superior to any 
subsequent claim, entry, or other conflicting use of the land, including 
subsequent mining claim locations.
    (b) The superior right under paragraph (a) of this section is part 
of all contracts and permits BLM authorizes within 2 years after the 
date we designate the tract. BLM may extend this 2-year period for one 
additional year for good cause. The right continues for the entire term 
of the contract or permit and any renewal term. The superior right under 
paragraph (a) of this section also applies to any subsequent contracts 
or permits that BLM authorizes within 2 years after the previous 
contract or permit expires or terminates.
    (c) This right does not prevent other uses or segregate the land 
from the operation of the public land laws, including the mining and 
mineral leasing laws. However, such subsequent uses must not interfere 
with the extraction of mineral materials.

[66 FR 58901, Nov. 23, 2001; 67 FR 68778, Nov. 13, 2002]



Sec. 3602.13  How does BLM measure and establish the price of mineral 
materials?

    (a) BLM will not sell mineral materials at less than fair market 
value. BLM determines fair market value by appraisal.
    (b) BLM may periodically reappraise the value of mineral materials 
not yet removed, and adjust your contract price accordingly. BLM will 
not adjust the price during the first 2 years of the contract. BLM also 
will not adjust the contract price during the 2-year period following 
any adjustment. However, BLM may adjust the price at the beginning of 
any contract renewal period.
    (c) BLM measures mineral materials by in-place volume or weight 
equivalent. When BLM requires you to measure materials, we may either 
designate the method you must use or allow you to choose either method. 
We will verify your results.



Sec. 3602.14  What kind of financial security does BLM require?

    (a) For contracts of $2,000 or more, BLM will require a performance 
bond of an amount sufficient to meet the reclamation standards provided 
for in the contract, but at least $500. If you have a sales contract 
from a community pit or common use area and you pay a reclamation fee, 
BLM will not require you to post a performance bond.
    (b) BLM may require a performance bond for contracts of less than 
$2,000. We will not require a bond amount greater than 20 percent of the 
total contract value.
    (c) A performance bond may be a--
    (1) Bond of a corporate surety shown on the approved list (Circular 
570) issued by the U.S. Treasury Department, including surety bonds 
arranged or paid for by third parties;
    (2) Certificate of deposit that:
    (i) Is issued by a financial institution whose deposits are 
Federally insured;
    (ii) Does not exceed the maximum insurable amount set by the Federal 
Deposit Insurance Corporation;
    (iii) Is made payable or assigned to the United States;
    (iv) Grants BLM authority to demand immediate payment if you fail to 
meet the terms and conditions of the contract;
    (v) States that no party may redeem it before BLM approves its 
redemption; and

[[Page 886]]

    (vi) Otherwise conforms to BLM's instructions as found in the 
contract terms;
    (3) Cash bond, with a power of attorney to BLM to convert it upon 
your failure to meet the terms and conditions of the contract;
    (4) Irrevocable letter of credit from a bank or financial 
institution organized or authorized to transact business in the United 
States, with a power of attorney to BLM to redeem it upon your failure 
to meet the terms and conditions of the contract; or
    (5) Negotiable Treasury bond of the United States of a par value 
equal to the amount of the required bond, together with a power of 
attorney to BLM to sell it upon your failure to meet the terms and 
conditions of the contract.



Sec. 3602.15  What will happen to my bond if I transferred all of
my interests or operations to another bonded party?

    BLM will cancel your bond obligations following approval of the 
transfer of your interests or operations if the transferee provides a 
bond that assumes all of your existing liabilities as required in 
Sec. 3602.24. However, under Sec. 3602.26, you remain liable for any 
reclamation or other obligation that accrued during the time you held 
your interest.

                         Administration of Sales



Sec. 3602.20  Administration of mineral materials sales.



Sec. 3602.21  What payment terms apply to my mineral materials
sales contract?

    (a) Under a sales contract for mineral materials--
    (1) For sales of $2,000 or less, you must pay the full amount before 
BLM will sign the contract.
    (2) When the sale exceeds $2,000, you may make installment payments. 
The first installment payment must be the greater of $500 or 5 percent 
of the total purchase price. If you elect to make installment payments--
    (i) For non-competitive sales, you must pay the first installment at 
or before the time BLM awards the contract;
    (ii) For competitive sales, you must pay the first installment as a 
deposit at the time you submit the bid; and
    (iii) For noncompetitive and competitive sales--
    (A) Once you have removed materials, you must make each subsequent 
installment payment monthly in an amount equal to the value of the 
minerals you remove each month. You must make the payment by the 15th 
day following the end of the month for which you are reporting. However, 
you must pay the balance of the purchase price not later than 60 days 
before the expiration date of the contract. BLM will credit your first 
installment payment to you at the time of your final payment unless we 
cancel your contract under Sec. 3601.61; or
    (B) You may make advance payment for your annual production based on 
the previous year's production or your projection of the current year's 
production, so long as you resume paying on a monthly basis as required 
in paragraph (a)(2)(iii)(A) of this section if your annual payment does 
not cover your actual production for the current year. You must resume 
monthly payments no later than the 15th day following the end of the 
month in which production exceeds the projected production on which 
payments were based.
    (3) You must annually (as provided in your contract) produce an 
amount sufficient to pay to the United States a sum of money equal to 
the first installment determined under paragraph (a)(2) of this section. 
In lieu of such production, you may make an annual payment in the amount 
of the first installment. If in any contract year you make production 
payments that are less than the first installment, you must pay the 
difference between the production payments and the amount of the first 
installment. These annual payments are due on or before each anniversary 
date of the contract.
    (b) If you fail to comply with the terms and conditions of the 
contract and BLM cancels your contract under Sec. 3601.61, you will 
forfeit all moneys that you paid.



Sec. 3602.22  When will a contract terminate?

    (a) Your contract terminates when--

[[Page 887]]

    (1) Its term expires;
    (2) You have completed production under your contract or permit and 
any renewal, and completed required reclamation; or
    (3) BLM cancels your contract under Sec. 3601.60 et seq. of this 
part.
    (b) You and BLM may, by agreement, terminate the sales contract at 
any time.



Sec. 3602.23  When will BLM make refunds or allow credits?

    (a) BLM may make refunds or allow credits if--
    (1) When your contract expires, your total payments exceed the total 
value of mineral materials included in the contract;
    (2) BLM determines that insufficient mineral materials existed in 
the sales area to fulfill the terms of the contract; or
    (3) Materials you paid for are unavailable as a result of 
terminating your contract by mutual agreement under Sec. 3602.22(b).
    (b) If your refund or credit is a result of terminating your 
contract by mutual agreement under Sec. 3602.22(b), BLM will reduce the 
amount of the refund or credit by the amount of the administrative cost 
of processing the disposal action. If these administrative costs exceed 
your total payments, BLM will not make a refund or allow a credit.
    (c) BLM may credit to future production on the same contract, but 
not refund, payments that you make in lieu of production under 
Sec. 3602.21(a)(3). However, if, upon expiration of the contract, the 
total value of payments you have made exceeds the total value of mineral 
materials included in your contract, BLM will refund the difference in 
accordance with paragraphs (a) and (b) of this section.



Sec. 3602.24  When may I assign my materials sales contract?

    (a) You may not assign the contract or any interest therein unless 
BLM approves the transfer in writing.
    (b) BLM will not approve your proposed assignment of contract, 
unless--
    (1) Your assignee--
    (i) Furnishes a financial guarantee as required by Sec. 3602.14; or
    (ii) Obtains a written commitment from the previous surety that it 
will be bound by the assignment when BLM approves it; and
    (2) The assignment contains all the terms and conditions in your 
contract.



Sec. 3602.25  What rights and responsibilities does my assignee 
assume?

    When BLM approves your assignment, your assignee is entitled to all 
the rights and is subject to all the obligations under the contract.



Sec. 3602.26  If I assign my contract, when do my obligations under
the contract end?

    When BLM approves your assignment, you are released from any further 
liability under the contract for actions the assignee may take after the 
effective date of the assignment. You continue to be responsible for 
obligations that accrued before the approval date, whether or not you 
knew of them at the time of the transfer.



Sec. 3602.27  When will BLM extend the term of a contract?

    BLM may grant a one-time extension of the contract not to exceed 1 
year, if:
    (a) (1) For contracts with terms over 90 days, BLM receives your 
written request between 30 and 90 days before the contract expires; or
    (2) For contracts with terms of 90 days or less, BLM receives your 
written request not later than 15 days before the contract expires; and
    (b) You show in writing that the delay in removing the mineral 
materials was due to causes beyond your control and was not due to your 
fault or negligence.



Sec. 3602.28  What records must I maintain and how long must 
I keep them?

    (a) BLM may require you to maintain and preserve for 6 years 
records, maps, and surveys relating to production verification and 
valuation. These include, but are not limited to, detailed records of 
quantity, types, and value of commodities you moved, processed, sold, 
delivered, or used.
    (b) You must make such records available to BLM to allow us to 
determine whether you have complied with

[[Page 888]]

statutes, regulations, and the terms of the contract.



Sec. 3602.29  How will BLM verify my production?

    (a) You must submit at least one report per contract year of the 
amount of mineral materials you have mined or removed under your sales 
contract so BLM can verify that you have made the required payments. BLM 
will specify the timing of the reports in your contract or permit.
    (b) BLM may require more frequent reporting if we find it necessary.
    (c) BLM may require you to conduct pre-operation, annual, and post-
operation volumetric surveys of the mine site.

                          Noncompetitive Sales



Sec. 3602.30  Noncompetitive sales.

    In addition to the following sections, Secs. 3602.31 through 
3602.35, the provisions of Secs. 3602.11 through 3602.29 also apply to 
noncompetitive sales.



Sec. 3602.31  What volume limitations and fees generally apply to
noncompetitive mineral materials sales?

    (a) BLM may sell, at not less than fair market value, and without 
advertising or calling for bids, mineral materials not greater than 
200,000 cubic yards (or weight equivalent) in any individual sale, when 
BLM determines it to be:
    (1) In the public interest; and
    (2) Impracticable to obtain competition.
    (b) BLM will charge the purchaser a processing fee on a case-by-case 
basis as described in Sec. 3000.11 of this chapter.
    (c) BLM will not approve multiple noncompetitive sales that exceed a 
total of 300,000 cubic yards (or weight equivalent) made in any one 
State for the benefit of any one purchaser, whether an individual, 
partnership, corporation, or other entity, in any period of 12 
consecutive months.
    (d) The volume limitations in paragraphs (a) and (c) of this section 
do not apply to sales in the State of Alaska that BLM determines are 
needed for construction, operation, maintenance, or termination of the 
Trans-Alaska Pipeline System or the Alaska Natural Gas Transportation 
System.
    (e) The volume limitations in paragraphs (a) and (b) of this section 
do not apply if:
    (1) BLM determines that circumstances make it impossible to obtain 
competition; or
    (2) There is insufficient time to invite competitive bids, because 
of an emergency situation affecting public property, health, or safety.

[66 FR 58901, Nov. 23, 2001, as amended at 70 FR 58878, Oct. 7, 2005; 73 
FR 35592, June 24, 2008]



Sec. 3602.32  What volume and other limitations pertain to
noncompetitive sales associated with public works projects?

    BLM may sell mineral materials not exceeding 400,000 cubic yards (or 
weight equivalent), at not less than fair market value, without 
advertising or calling for bids if:
    (a) BLM determines the sale to be in the public interest; and
    (b) The materials will be used in connection with an urgent public 
works improvement program on behalf of a Federal, State, or local 
governmental agency, and time does not permit advertising for a 
competitive sale.



Sec. 3602.33  How will BLM dispose of mineral materials for use
in developing Federal mineral leases?

    (a) If you propose to use mineral materials in connection with 
developing a mineral lease issued by BLM, we may, without calling for 
competitive bids, sell you at fair market value a volume of mineral 
materials not exceeding a total of 200,000 cubic yards (or weight 
equivalent) in one State in any period of 12 consecutive months.
    (b) If the materials remain within the boundaries of the lease, BLM 
will not charge for mineral materials that you must move in order to 
extract minerals under a Federal lease, whether or not you use them for 
lease development.



Sec. 3602.34  What is the term of a noncompetitive contract?

    BLM will not issue a noncompetitive contract for the sale of mineral 
materials for a term exceeding 5 years, excluding any contract extension 
under

[[Page 889]]

Sec. 3602.27 and any period that BLM may allow for removal of equipment 
and improvements under Sec. 3601.52.

                            Competitive Sales



Sec. 3602.40  Competitive sales.

    In addition to the following sections, Secs. 3602.41 through 
3602.49, the provisions of Secs. 3602.11 through 3602.29 also apply to 
competitive sales.



Sec. 3602.41  When will BLM sell mineral materials on a competitive
basis?

    Except for sales from community pits and common use areas under 
subpart 3603 of this part, and noncompetitive sales under Sec. 3602.30 
et seq., BLM will make sales only after inviting competitive bids 
through publication and posting under Sec. 3602.42.



Sec. 3602.42  How does BLM publicize competitive mineral materials
sales?

    (a) When offering mineral materials for sale by competitive bidding, 
BLM:
    (1) Will advertise the sale by publishing a sale notice in a 
newspaper of general circulation in the area where the material is 
located, on the same day once a week for 2 consecutive weeks; and
    (2) Will post a sale notice in a conspicuous place in the office 
where you will submit bids.
    (b) In the sale notice, BLM will state:
    (1) By legal description, the location of the tract or tracts on 
which we are offering the materials;
    (2) The kind of materials we are offering;
    (3) The estimated quantities of materials we are offering;
    (4) The unit of measurement;
    (5) The appraised prices;
    (6) The time and place for receiving and opening of bids;
    (7) The minimum deposit we require;
    (8) If the sale is by request, the total cost recovery fee paid to 
BLM by the applicant up to 21 days before the sale;
    (9) The site access that will be available to the purchaser;
    (10) The method of bidding;
    (11) If applicable, that the purchaser must file mining or 
reclamation plans;
    (12) The bonding requirement;
    (13) The location for inspection of contract terms and proposed 
stipulations;
    (14) The address and telephone number of the office where you may 
obtain additional information;
    (15) Whether BLM will renew the contract; and
    (16) Any additional information that BLM deems necessary.
    (c) BLM may, in its discretion, extend the period of time for 
advertising;
    (d) BLM will not hold sales sooner than 1 week after the last 
advertisement.

[66 FR 58901, Nov. 23, 2001, as amended at 70 FR 58878, Oct. 7, 2005]



Sec. 3602.43  How does BLM conduct competitive mineral materials
sales?

    (a) The applicant requesting a mineral materials sale must pay a 
processing fee on a case-by-case basis as described in Sec. 3000.11 of 
this chapter as modified by the provisions in this section and in 
Sec. 3602.42(b)(8). The cost recovery process for a competitive mineral 
materials sale follows:
    (1) The applicant requesting the sale must pay the cost recovery fee 
amount before BLM will publish a sale notice.
    (2) Before the contract is issued:
    (i) The successful bidder, if someone other than the applicant, must 
pay to BLM the cost recovery amount specified in the sale notice; and
    (ii) The successful bidder must pay all processing costs BLM incurs 
after the date of the sale notice.
    (3) If the successful bidder is someone other than the applicant, 
BLM will refund to the applicant the amount paid under paragraph (a)(1) 
of this section.
    (b) In conducting a competitive sale, BLM may require submission of 
sealed written bids, oral bids, or a combination of both. The sale 
notice will state how you must submit your bid. If 2 or more persons 
make identical high sealed bids, BLM will determine the highest bid by 
holding an oral auction among the persons making the identical high 
bids. If no oral bid is made higher than the sealed bids, BLM will pick 
the successful bidder by lot. After BLM announces the high bid at an 
oral auction, if you are the high bidder you must confirm that bid in 
writing at least by the close of business on the

[[Page 890]]

date of the sale, or by such time as BLM may specify in the sale notice.
    (c) When BLM determines that it is in the public interest to do so, 
we may reject any or all bids, or may waive minor deficiencies in the 
bids that would not ordinarily affect the outcome of the bidding.

[66 FR 58901, Nov. 23, 2001, as amended at 70 FR 58878, Oct. 7, 2005]



Sec. 3602.44  How do I make a bid deposit?

    (a) If you wish to make a bid to purchase mineral materials, you 
must submit a deposit in advance of the sale.
    (1) Your sealed bids must contain a deposit.
    (2) At an oral auction, you must make your deposit before the 
opening of the bidding.
    (b) Your deposit must be the greater of $500 or 5 percent of the 
appraised value as we specify in the sale notice.
    (c) Your deposit may be in the form of cash, a money order, a bank 
draft, or a cashier's or certified check made payable to the Bureau of 
Land Management.
    (d) If you are not the successful bidder, BLM will return your bid 
deposit when the bidding concludes.
    (e) If you are the successful bidder, BLM will apply your deposit to 
the purchase price.
    (f) BLM will charge the successful bidder a processing fee on a 
case-by-case basis as described in Sec. 3000.11 of this chapter and 
Sec. 3602.43.

[66 FR 58901, Nov. 23, 2001, as amended at 70 FR 58878, Oct. 7, 2005]



Sec. 3602.45  What final steps will BLM take before issuing me 
a contract?

    (a) Ability to perform. BLM may require you to furnish information 
we find necessary to determine whether you are able to meet the 
obligations of the contract.
    (b) Reasons for denying a contract. We will deny you the contract, 
even if you made the highest bid, if--
    (1) We determine that you are unable to meet the obligations of the 
contract,
    (2) You are unwilling to accept the terms of the contract, or
    (3) BLM rejects all bids.
    (c) Refund of deposit. If BLM denies you a contract under paragraph 
(b)(1) or (b)(3) of this section, we will refund your deposit.
    (d) Awarding a contract. BLM will notify you of your contract award 
by presenting you with or sending you the contract.
    (e) Accepting a contract. If BLM awards you the contract, you must, 
within 60 days after receiving it, sign and return the contract, 
together with a performance bond and mining and reclamation plan when 
BLM requires them. BLM may extend this period an additional 30 days if 
you request it in writing within the first 60-day period. If you fail to 
sign and return the contract within the first 60-day period, or an 
approved 30-day extension period, you will forfeit the bid deposit.
    (f) Awarding the contract to the second-highest bidder. If BLM 
determines that you are unable to meet the obligations of the contract, 
or if you fail to sign and return the contract within the time period 
specified, BLM may offer and award the contract for the amount of the 
high bid to the person making the next highest complete bid. That person 
must be qualified and willing to accept the contract, and must redeposit 
the amount required under Sec. 3602.44(b).
    (g) Contract form. BLM will make all sales on BLM standard contract 
forms approved by the Director, Bureau of Land Management. We will 
include as necessary additional provisions and stipulations in the 
contract to conform to the provisions of the competitive sale notice and 
to address environmental concerns or other site-specific issues.



Sec. 3602.46  What is the term of a competitive contract?

    The term of the contract will be in the sales notice. BLM will not 
issue a competitive contract for the sale of mineral materials for a 
term exceeding 10 years. However, the 10-year period does not include 
any contract extension under Sec. 3602.27, any contract renewal under 
Sec. 3602.47, and any periods for removal of equipment and improvements 
under Sec. 3601.52 of this part.

[[Page 891]]



Sec. 3602.47  When and how may I renew my competitive contract
and what is the fee?

    (a) Applying for competitive contract renewal. When you have paid 
the United States the full contract price for the mineral materials you 
purchased under a competitive contract, you may apply for renewal of the 
contract without further competitive bidding in order to purchase and 
extract additional material that may be available at the contract site. 
You must submit your request for renewal of the contract at least 90 
days before it expires. You do not need to use a specific form.
    (b) BLM's response to the application. BLM will renew your contract 
if--
    (1) You meet all the requirements of this section;
    (2) Your contract is not limited under Sec. 3602.49; and
    (3) BLM determines that you are able to fulfill the obligations of a 
new contract.
    (c) Renewal term. BLM will renew your contract for a maximum term of 
10 additional years. The renewal may be for less than 10 years if you do 
not request that much time, or if BLM finds that the quantity of 
material involved does not justify a 10-year term.
    (d) Number of times BLM may renew a contract. There is no maximum 
number of times BLM may renew a contract.
    (e) Fee. BLM will charge a processing fee on a case-by-case basis as 
described in Sec. 3000.11 of this chapter.

[66 FR 58901, Nov. 23, 2001, as amended at 70 FR 58878, Oct. 7, 2005]



Sec. 3602.48  What may BLM require when renewing my contract?

    (a) Reappraisal. BLM will not grant a renewal without requiring a 
reappraisal under Sec. 3602.13.
    (b) Bond amount and terms. Before renewing your contract, BLM may 
require you to increase, or allow you to decrease, the amount of the 
performance bond you posted under Sec. 3602.14. BLM may also require 
other bond modifications to ensure coverage for the renewed contract.
    (c) Environmental protection requirements. Before renewing your 
contract, BLM will perform additional environmental analysis as 
required, and may require you to adopt additional measures to prevent 
hazards to public health and safety, and to minimize and mitigate 
environmental damage.
    (d) Other requirements. BLM may require additions or changes to 
other terms or conditions of your contract.



Sec. 3602.49  When will BLM issue a non-renewable contract?

    (a) BLM may offer you a contract restricted to a single term or 
otherwise limited in its duration. We will base this restriction on a 
finding that--
    (1) The land should be used for another, possibly conflicting, 
purpose after mineral materials are removed;
    (2) The deposit of mineral materials may be appropriate for future 
use by multiple operators or by the local community; or
    (3) Other circumstances make renewal inappropriate.
    (b) If BLM limits a contract under this section, the sale notice 
under Sec. 3602.42 will include this information.
    (c) If your contract is in existence on December 24, 2001, BLM will 
decide whether you may request renewal of that contract. You must ask 
BLM for this decision at least 90 days before the contract expires. If 
fewer than 120 days remain on your existing contract on December 24, 
2001, BLM may approve a renewal request that you submit less than 90 
days before the contract expires if we decide the contract qualifies for 
renewal and we have sufficient time to process your request before your 
contract is due to expire.



            Subpart 3603_Community Pits and Common Use Areas

       Disposal of Materials--Community Pits and Common Use Areas



Sec. 3603.10  Disposal of mineral materials from community pits
and common use areas.

    (a) BLM may make mineral material sales and allow free use under 
permit from the same deposit within areas that we designate for this 
purpose. These kinds of disposals must be consistent with other 
provisions of this part. These designated community pit sites or common 
use areas may be any size.

[[Page 892]]

    (b) This subpart applies to both sales and free use from community 
pits and common use areas unless otherwise stated. Refer to subpart 3604 
of this part for additional regulations applicable to the free use of 
mineral materials.



Sec. 3603.11  What rights pertain to users of community pits?

    BLM's designation of a community pit site, when noted on the 
appropriate BLM records or posted on the ground, establishes a right to 
remove the materials superior to any subsequent claim or entry of the 
lands.



Sec. 3603.12  What rights pertain to users of common use areas?

    (a) BLM's designation of a common use area does not establish a 
right to remove the materials superior to any subsequent claim or entry 
of the lands.
    (b) Once you have a permit or a sales contract to remove mineral 
materials from a common use area, your rights under that permit or 
contract are superior to any subsequent claim or entry on the lands.



Sec. 3603.13  What price does BLM charge under materials sales 
contracts for mineral materials from community pits and common
use areas?

    BLM will sell mineral materials from community pits or common use 
areas under materials sales contracts for not less than fair market 
value.



Sec. 3603.14  What plans do I need to prepare to mine or remove 
mineral materials from a community pit or common use area?

    BLM generally will not require a mining or reclamation plan before 
you mine or remove mineral materials from a community pit or common use 
area. We may require such a plan if we find that circumstances warrant 
it. In all cases, you must comply with the terms of the contract or 
permit to protect health, safety, and the environment.

                               Reclamation



Sec. 3603.20  Reclamation.



Sec. 3603.21  What reclamation requirements pertain to community 
pits and common use areas?

    Generally, you do not need to perform reclamation after extracting 
mineral materials from community pits or common use areas. However, you 
must pay a reclamation fee as provided in Sec. 3603.22.



Sec. 3603.22  What fees must I pay to cover the cost of reclamation 
of community pits and common use areas?

    (a) You must pay a reclamation fee based on the amount of mineral 
materials you extract from the community pit or common use area, unless 
you make an alternative arrangement under paragraph (b) of this section. 
The reclamation fee you pay is a proportionate share of the total 
estimated cost of reclamation, determined by using the ratio of the 
material that you extract under your permit or contract to the total 
volume of the material BLM estimates will be extracted from the site.
    (b) BLM may, at our discretion, allow purchasers and permittees to 
perform interim or final reclamation, where needed, in lieu of paying 
reclamation charges. If BLM allows you to perform reclamation in lieu of 
paying a fee, we may also require you to post a bond under Sec. 3602.14.



               Subpart 3604_Free Use of Mineral Materials

                       Obtaining Free Use Permits



Sec. 3604.10  Permits for free use of mineral materials.



Sec. 3604.11  How do I apply for a free use permit?

    If you wish to apply for free use of mineral materials, you may file 
a letter of request or a BLM standard application form approved by the 
Office of Management and Budget.



Sec. 3604.12  Who may obtain a free use permit?

    Any Federal, State, or territorial agency, unit, or subdivision, 
including

[[Page 893]]

municipalities, or any non-profit organization, may apply for a free use 
permit to extract and use mineral materials.
    (a) BLM may issue free use permits to a government entity without 
limitation as to the number of permits or as to the value of the mineral 
materials to be extracted or removed, provided that the government 
entity shows that it will not use these materials for commercial or 
industrial purposes.
    (b) BLM may issue free use permits to a non-profit organization for 
not more than 5,000 cubic yards (or weight equivalent) in any period of 
12 consecutive months, provided that the organization shows that it will 
not use these materials for commercial or industrial purposes.



Sec. 3604.13  When will BLM decline to issue a free use permit 
to a qualified applicant?

    BLM will not issue a free use permit if we determine that you own or 
control an adequate supply of suitable mineral materials that:
    (a) Are readily available, and
    (b) You can mine in a manner that is economically and 
environmentally acceptable.

                       Administration of Free Use



Sec. 3604.20  Administration of free use permits.



Sec. 3604.21  What is the term of a free use permit?

    (a) BLM will determine the appropriate length of your free use 
permit term.
    (1) BLM will not grant free use permits to government entities for 
terms exceeding 10 years.
    (2) BLM will not grant free use permits to non-profit organizations 
for terms exceeding one year.
    (b) BLM may extend any free use permit term for a single additional 
period not to exceed one year.



Sec. 3604.22  What conditions and restrictions pertain to my free 
use permit?

    (a) You must not barter or sell mineral materials that you obtain 
under a free use permit.
    (b) You must not remove mineral materials before BLM issues you a 
permit or after your permit expires.
    (c) BLM may incorporate other conditions and restrictions into your 
free use permit.



Sec. 3604.23  When and how may I assign my free use permit?

    You may assign or transfer your free use permit to entities 
qualified under Sec. 3604.12. You must first obtain BLM's written 
approval.



Sec. 3604.24  Who may remove materials on my behalf?

    (a) You may allow your agent to extract mineral materials under your 
free use permit.
    (b) Your agent may charge you only for extraction services and must 
not--
    (1) Charge you for the materials extracted, processed, or removed; 
or
    (2) Take mineral materials from the permit area as payment for 
services rendered to you, or as a donation or gift.



Sec. 3604.25  What bond requirements pertain to free use permits?

    BLM may require a bond or other security as a guarantee of your 
faithful compliance with the provisions of your permit and applicable 
regulations, including reclamation. The type of security must be one of 
those provided for in Sec. 3602.14(c) of this part.



Sec. 3604.26  When will BLM cancel my permit?

    BLM may cancel your permit if you fail, after adequate notice, to 
follow its terms and conditions.



Sec. 3604.27  What rights does a free use permit give me against
other users of the land?

    Permits that BLM issues under this subpart constitute a superior 
right to remove the materials in accordance with the permit terms and 
provisions, as against any claim to or entry of the lands made after the 
date BLM designated the tract for mineral materials disposal. See 
Sec. 3602.12.

[[Page 894]]



PART 3620_FREE USE OF PETRIFIED WOOD--Table of Contents



Sec.

                 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: 30 U.S.C. 601 et seq.; 43 U.S.C. 1201, 1732, 1733, 1740; 
Sec. 2, Act of September 28, 1962 (Pub. L. 87-713, 76 Stat. 652).

    Source: 48 FR 27015, June 10, 1983, unless otherwise noted.



                 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. 3602.10 et seq. of this chapter.

[48 FR 27015, June 10, 1983, as amended at 66 FR 58909, Nov. 23, 2001]



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 3604 of this chapter, for the 
removal of such specimens if the applicant certifies that they will be 
displayed to the public in a museum or similar institution.

[48 FR 27015, June 10, 1983, as amended at 66 FR 58909, Nov. 23, 2001]



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 
obtain pieces larger than 250 pounds is not allowed.
    (2) Except for holders of permits issued under subpart 3604 of this 
chapter 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 hazards to public health and safety, and minimizes 
and mitigates environmental damage.
    (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 paragraph (a) of this section.

[48 FR 27015, June 10, 1983, as amended at 66 FR 58909, Nov. 23, 2001]

[[Page 895]]



Group 3700_Multiple Use; Mining--Table of Contents



    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--Table of Contents



       Subpart 3710_Public Law 167; Act of July 23, 1955: General

Sec.
3710.0-3  Authority.

                 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?
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 use or 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?

    Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 611-615; 43 U.S.C. 1201; 
43 U.S.C. 1740.

[[Page 896]]



       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 3712_Proceedings Under the Act

    Source: 35 FR 9732, June 13, 1970, unless otherwise noted.



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,

[[Page 897]]

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 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

[[Page 898]]

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 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.

[[Page 899]]



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 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.

[[Page 900]]



                          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 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

[[Page 901]]

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 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.

[[Page 902]]



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 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 mining of locatable 
minerals on public lands and which make public lands available for 
development of locatable minerals. This includes, but is not limited to, 
the general authorities relating to mining of locatable minerals or to 
the public lands on which this subpart 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

[[Page 903]]

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.

[61 FR 37125, July 16, 1996, as amended at 62 FR 59822, Nov. 5, 1997]



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.
------------------------------------------------------------------------


[[Page 904]]



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:
    (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.

[[Page 905]]

 
                                         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.
------------------------------------------------------------------------



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

[[Page 906]]

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 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

[[Page 907]]

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 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.

[[Page 908]]



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;
    (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 
Sec. 3715.3-1(b) or Sec. 3715.5(b), (c), or (e).
    (3) The suspension order will describe--

[[Page 909]]

    (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;
    (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.

[61 FR 37125, July 16, 1996, as amended at 62 FR 59822, Nov. 5, 1997]



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

[[Page 910]]

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, 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: 30 U.S.C. 22 et seq.; 30 U.S.C. 28f-k; 30 U.S.C. 621-625; 
43 U.S.C. 1201; 43 U.S.C. 1740; 43 U.S.C. 1744.

[[Page 911]]



  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 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 30 U.S.C. 28f-28k, as amended by the Act of November 5, 2001 
(115 Stat. 414).
    (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; 
64 FR 47021, Aug. 27, 1999; 67 FR 38205, June 3, 2002]



                        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

[[Page 912]]

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 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 part 3833 of this chapter, and 
pay the applicable maintenance, location, and service fees required by 
part 3830 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 part 3833. 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 of this chapter may 
either:
    (1) Perform and record annual assessment work if the owner qualifies 
as a small miner under part 3835 of this chapter; or

[[Page 913]]

    (2) 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, under subpart 3834 of this chapter.

[35 FR 9737, June 13, 1970, as amended at 58 FR 38196, July 15, 1993; 59 
FR 44856, Aug. 30, 1994; 68 FR 61064, Oct. 24, 2003]



              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]



                     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

[[Page 914]]

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 the filing fee for notice 
of protest of placer mining operations found in the fee schedule in 
Sec. 3000.12 of this chapter, 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, as amended at 72 FR 50889, Sept. 5, 2007]



                            Subpart 3737_Use



Sec. 3737.1  Mining claim and millsite use.

    (a) The Act in section 6 provides as follows:

    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.

[[Page 915]]

               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 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

[[Page 916]]

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 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,

[[Page 917]]

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--
    (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.

[[Page 918]]



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.
    (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

[[Page 919]]

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 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.
---------------------------------------------------------------------------

    \1\ 18 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

[[Page 920]]

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 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 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

[[Page 921]]

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--
Table of Contents



    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 
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 3800_General

3800.5  Fees
3800.6  Am I required to pay any fees to use the surface of public lands 
          for mining purposes?

     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 Information

3809.1  What are the purposes of this subpart?
3809.2  What is the scope of this subpart?
3809.3  What rules must I follow if State law conflicts with this 
          subpart?
3809.5  How does BLM define certain terms used in this subpart?
3809.10  How does BLM classify operations?
3809.11  When do I have to submit a plan of operations?
3809.21  When do I have to submit a notice?
3809.31  Are there any special situations that affect what submittals I 
          must make before I conduct operations?
3809.100  What special provisions apply to operations on segregated or 
          withdrawn lands?
3809.101  What special provisions apply to minerals that may be common 
          variety minerals, such as sand, gravel, and building stone?
3809.111  Will BLM disclose to the public the information I submit under 
          this subpart?
3809.115  Can BLM collect information under this subpart?.
3809.116  As a mining claimant or operator, what are my responsibilities 
          under this subpart for my project area?

                        Federal/State Agreements

3809.200  What kinds of agreements may BLM and a State make under this 
          subpart?
3809.201  What should these agreements address?
3809.202  Under what conditions will BLM defer to State regulation of 
          operations?

[[Page 922]]

3809.203  What are the limitations on BLM deferral to State regulation 
          of operations?
3809.204  Does this subpart cancel an existing agreement between BLM and 
          a State?

                   Operations Conducted Under Notices

3809.300  Does this subpart apply to my existing notice-level 
          operations?
3809.301  Where do I file my notice and what information must I include 
          in it?
3809.311  What action does BLM take when it receives my notice?
3809.312  When may I begin operations after filing a complete notice?
3809.313  Under what circumstances may I not begin operations 15 
          calendar days after filing my notice?
3809.320  Which performance standards apply to my notice-level 
          operations?
3809.330  May I modify my notice?
3809.331  Under what conditions must I modify my notice?
3809.332  How long does my notice remain in effect?
3809.333  May I extend my notice, and, if so, how?
3809.334  What if I temporarily stop conducting operations under a 
          notice?
3809.335  What happens when my notice expires?
3809.336  What if I abandon my notice-level operations?

             Operations Conducted Under Plans of Operations

3809.400  Does this subpart apply to my existing or pending plan of 
          operations?
3809.401  Where do I file my plan of operations and what information 
          must I include with it?
3809.411  What action will BLM take when it receives my plan of 
          operations?
3809.412  When may I operate under a plan of operations?
3809.415  How do I prevent unnecessary or undue degradation while 
          conducting operations on public lands?
3809.420  What performance standards apply to my notice or plan of 
          operations?
3809.421  Enforcement of performance standards.
3809.423  How long does my plan of operations remain in effect?
3809.424  What are my obligations if I stop conducting operations?

                  Modifications of Plans of Operations

3809.430  May I modify my plan of operations?
3809.431  When must I modify my plan of operations?
3809.432  What process will BLM follow in reviewing a modification of my 
          plan of operations?
3809.433  Does this subpart apply to a new modification of my plan of 
          operations?
3809.434  How does this subpart apply to pending modifications for new 
          or existing facilities?

                Financial Guarantee Requirements--General

3809.500  In general, what are BLM's financial guarantee requirements?
3809.503  When must I provide a financial guarantee for my notice-level 
          operations?
3809.505  How do the financial guarantee requirements of this subpart 
          apply to my existing plan of operations?
3809.551  What are my choices for providing BLM with a financial 
          guarantee?

                     Individual Financial Guarantee

3809.552  What must my individual financial guarantee cover?
3809.553  May I post a financial guarantee for a part of my operations?
3809.554  How do I estimate the cost to reclaim my operations?
3809.555  What forms of individual financial guarantee are acceptable to 
          BLM?
3809.556  What special requirements apply to financial guarantees 
          described in Sec. 3809.555(e)?

                       Blanket Financial Guarantee

3809.560  Under what circumstances may I provide a blanket financial 
          guarantee?

                   State-Approved Financial Guarantee

3809.570  Under what circumstances may I provide a State-approved 
          financial guarantee?
3809.571  What forms of State-approved financial guarantee are 
          acceptable to BLM?
3809.572  What happens if BLM rejects a financial instrument in my 
          State-approved financial guarantee?
3809.573  What happens if the State makes a demand against my financial 
          guarantee?
3809.574  What happens if I have an existing corporate guarantee?

          Modification or Replacement of a Financial Guarantee

3809.580  What happens if I modify my notice or approved plan of 
          operations?
3809.581  Will BLM accept a replacement financial instrument?
3809.582  How long must I maintain my financial guarantee?

                     Release of Financial Guarantee

3809.590  When will BLM release or reduce the financial guarantee for my 
          notice or plan of operations?

[[Page 923]]

3809.591  What are the limitations on the amount by which BLM may reduce 
          my financial guarantee?
3809.592  Does release of my financial guarantee relieve me of all 
          responsibility for my project area?
3809.593  What happens to my financial guarantee if I transfer my 
          operations?
3809.594  What happens to my financial guarantee when my mining claim or 
          millsite is patented?

                    Forfeiture of Financial Guarantee

3809.595  When may BLM initiate forfeiture of my financial guarantee?
3809.596  How does BLM initiate forfeiture of my financial guarantee?
3809.597  What if I do not comply with BLM's forfeiture decision?
3809.598  What if the amount forfeited will not cover the cost of 
          reclamation?
3809.599  What if the amount forfeited exceeds the cost of reclamation?

                       Inspection and Enforcement

3809.600  With what frequency will BLM inspect my operations?
3809.601  What types of enforcement action may BLM take if I do not meet 
          the requirements of this subpart?
3809.602  Can BLM revoke my plan of operations or nullify my notice?
3809.603  How does BLM serve me with an enforcement action?
3809.604  What happens if I do not comply with a BLM order?
3809.605  What are prohibited acts under this subpart?

                                Penalties

3809.700  What criminal penalties apply to violations of this subpart?
3809.701  What happens if I make false statements to BLM?

                                 Appeals

3809.800  Who may appeal BLM decisions under this subpart?
3809.801  When may I file an appeal of the BLM decision with OHA?
3809.802  What must I include in my appeal to OHA?
3809.803  Will the BLM decision go into effect during an appeal to OHA?
3809.804  When may I ask the BLM State Director to review a BLM 
          decision?
3809.805  What must I send BLM to request State Director review?
3809.806  Will the State Director review the original BLM decision if I 
          request State Director review?
3809.807  What happens once the State Director agrees to my request for 
          a review of a decision?
3809.808  How will decisions go into effect when I request State 
          Director review?
3809.809  May I appeal a decision made by the State Director?

                         Public Visits to Mines

3809.900  Will BLM allow the public to visit mines on public lands?

    Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 22-42, 181 et seq., 
301-306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et 
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. No. 97-35, 95 
Stat. 357.

    Source: 45 FR 13974, Mar. 3, 1980, unless otherwise noted.



                          Subpart 3800_General



Sec. 3800.5  Fees.

    (a) An applicant for a plan of operations under this part must pay a 
processing fee on a case-by-case basis as described in Sec. 3000.11 of 
this chapter whenever BLM determines that consideration of the plan of 
operations requires the preparation of an Environmental Impact 
Statement.
    (b) An applicant for any action for which a mineral examination, 
including a validity examination or a common variety determination, and 
their associated reports, is performed under Sec. 3809.100 or 
Sec. 3809.101 of this part must pay a processing fee on a case-by-case 
basis as described in section 3000.11 of this chapter for such 
examination and report.
    (c) An applicant for a mineral patent under part 3860 of this 
chapter must pay a processing fee on a case-by-case basis as described 
in Sec. 3000.11 of this chapter for any validity examination and report 
prepared in connection with the application.
    (d) An applicant for a mineral patent also is required to pay a 
processing fee under Sec. 3860.1 of this chapter.

[70 FR 58878, Oct. 7, 2005]



Sec. 3800.6  Am I required to pay any fees to use the surface
of public lands for mining purposes?

    You must pay all processing fees, location fees, and maintenance 
fees specified in 43 CFR parts 3800 and 3830. Other than the processing, 
location and maintenance fees, you are not required to pay any other 
fees to the BLM to

[[Page 924]]

use the surface of public lands for mining purposes.

[73 FR 73794, Dec. 4, 2008]



     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 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.

[[Page 925]]

    (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 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:

[[Page 926]]

    (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 part 2930 of this chapter;
    (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.

[45 FR 13974, Mar. 3, 1980, as amended at 67 FR 61745, Oct. 1, 2002]



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;
    (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

[[Page 927]]

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.
    (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

[[Page 928]]

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 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

[[Page 929]]

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 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

[[Page 930]]

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 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 
Government'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

[[Page 931]]

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 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.

[[Page 932]]



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.



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) All data and information concerning Federal and Indian minerals 
submitted under this subpart 3802 are subject to part 2 of this title. 
Part 2 of this title includes the regulations of the Department of the 
Interior covering the public disclosure of data and information 
contained in Department of the Interior records. Certain mineral 
information not protected from public disclosure under part 2 may of 
this title be made available for inspection without a Freedom of 
Information Act (5 U.S.C. 552) request.
    (b) When you submit data and information under this subpart 3802 
that you believe to be exempt from disclosure to the public, you must 
clearly mark each page that you believe includes confidential 
information. BLM will keep all data and information confidential to the 
extent allowed by Sec. 2.13(c) of this title.

[63 FR 52954, Oct. 1, 1998]



                     Subpart 3809_Surface Management

    Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30 U.S.C. 612; 43 U.S.C. 
1201; and 43 U.S.C. 1732, 1733, 1740, 1781, and 1782.

    Source: 65 FR 70112, Nov. 21, 2000, unless otherwise noted.

                           General Information



Sec. 3809.1  What are the purposes of this subpart?

    The purposes of this subpart are to:

[[Page 933]]

    (a) Prevent unnecessary or undue degradation of public lands by 
operations authorized by the mining laws. Anyone intending to develop 
mineral resources on the public lands must prevent unnecessary or undue 
degradation of the land and reclaim disturbed areas. This subpart 
establishes procedures and standards to ensure that operators and mining 
claimants meet this responsibility; and
    (b) Provide for maximum possible coordination with appropriate State 
agencies to avoid duplication and to ensure that operators prevent 
unnecessary or undue degradation of public lands.



Sec. 3809.2  What is the scope of this subpart?

    (a) This subpart applies to all operations authorized by the mining 
laws on public lands where the mineral interest is reserved to the 
United States, including Stock Raising Homestead lands as provided in 
Sec. 3809.31(d) and (e). When public lands are sold or exchanged under 
43 U.S.C. 682(b) (Small Tracts Act), 43 U.S.C. 869 (Recreation and 
Public Purposes Act), 43 U.S.C. 1713 (sales) or 43 U.S.C. 1716 
(exchanges), minerals reserved to the United States continue to be 
removed from the operation of the mining laws unless a subsequent land-
use planning decision expressly restores the land to mineral entry, and 
BLM publishes a notice to inform the public.
    (b) This subpart does not apply to lands in the National Park 
System, National Forest System, and the National Wildlife Refuge System; 
acquired lands; or lands administered by BLM that are under wilderness 
review, which are subject to subpart 3802 of this part.
    (c) This subpart applies to all patents issued after October 21, 
1976 for mining claims in the California Desert Conservation Area, 
except for any patent for which a right to the patent vested before that 
date.
    (d) This subpart does not apply to private land except as provided 
in paragraphs (a) and (c) of this section. For purposes of analysis 
under the National Environmental Policy Act of 1969, BLM may collect 
information about private land that is near to, or may be affected by, 
operations authorized under this subpart.
    (e) This subpart applies to operations that involve locatable 
minerals, including metallic minerals; some industrial minerals, such as 
gypsum; and a number of other non-metallic minerals that have a unique 
property which gives the deposit a distinct and special value. This 
subpart does not apply to leasable and salable minerals. Leasable 
minerals, such as coal, phosphate, sodium, and potassium; and salable 
minerals, such as common varieties of sand, gravel, stone, and pumice, 
are not subject to location under the mining laws. Parts 3400, 3500 and 
3600 of this title govern mining operations for leasable and salable 
minerals.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001]



Sec. 3809.3  What rules must I follow if State law conflicts with 
this subpart?

    If State laws or regulations conflict with this subpart regarding 
operations on public lands, you must follow the requirements of this 
subpart. However, there is no conflict if the State law or regulation 
requires a higher standard of protection for public lands than this 
subpart.



Sec. 3809.5  How does BLM define certain terms used in this subpart?

    As used in this subpart, the term:
    Casual use means activities ordinarily resulting in no or negligible 
disturbance of the public lands or resources. For example--
    (1) Casual use generally includes the collection of geochemical, 
rock, soil, or mineral specimens using hand tools; hand panning; or non-
motorized sluicing. It may include use of small portable suction 
dredges. It also generally includes use of metal detectors, gold spears 
and other battery-operated devices for sensing the presence of minerals, 
and hand and battery-operated drywashers. Operators may use motorized 
vehicles for casual use activities provided the use is consistent with 
the regulations governing such use (part 8340 of this title), off-road 
vehicle use designations contained in BLM land-use plans, and the terms 
of temporary closures ordered by BLM.

[[Page 934]]

    (2) Casual use does not include use of mechanized earth-moving 
equipment, truck-mounted drilling equipment, motorized vehicles in areas 
when designated as closed to ``off-road vehicles'' as defined in 
Sec. 8340.0-5 of this title, chemicals, or explosives. It also does not 
include ``occupancy'' as defined in Sec. 3715.0-5 of this title or 
operations in areas where the cumulative effects of the activities 
result in more than negligible disturbance.
    Exploration means creating surface disturbance greater than casual 
use that includes sampling, drilling, or developing surface or 
underground workings to evaluate the type, extent, quantity, or quality 
of mineral values present. Exploration does not include activities where 
material is extracted for commercial use or sale.
    Minimize means to reduce the adverse impact of an operation to the 
lowest practical level. During review of operations, BLM may determine 
that it is practical to avoid or eliminate particular impacts.
    Mining claim means any unpatented mining claim, millsite, or tunnel 
site located under the mining laws. The term also applies to those 
mining claims and millsites located in the California Desert 
Conservation Area that were patented after the enactment of the Federal 
Land Policy and Management Act of October 21, 1976. Mining ``claimant'' 
is defined in Sec. 3833.0-5 of this title.
    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); as well as 
all laws supplementing and amending those laws, including the Building 
Stone Act of August 4, 1892, as amended (27 Stat. 348); the Saline 
Placer Act of January 31, 1901 (31 Stat. 745); the Surface Resources Act 
of 1955 (30 U.S.C. 611-614); and the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.).
    Mitigation, as defined in 40 CFR 1508.20, may include one or more of 
the following:
    (1) Avoiding the impact altogether by not taking a certain action or 
parts of an action;
    (2) Minimizing impacts by limiting the degree or magnitude of the 
action and its implementation;
    (3) Rectifying the impact by repairing, rehabilitating, or restoring 
the affected environment;
    (4) Reducing or eliminating the impact over time by preservation and 
maintenance operations during the life of the action; and
    (5) Compensating for the impact by replacing, or providing 
substitute, resources or environments.
    Operations means all functions, work, facilities, and activities on 
public lands in connection with prospecting, exploration, discovery and 
assessment work, development, extraction, and processing of mineral 
deposits locatable under the mining laws; reclamation of disturbed 
areas; and all other reasonably incident uses, whether on a mining claim 
or not, including the construction of roads, transmission lines, 
pipelines, and other means of access across public lands for support 
facilities.
    Operator means a person conducting or proposing to conduct 
operations.
    Person means any individual, firm, corporation, association, 
partnership, trust, consortium, joint venture, or any other entity 
conducting operations on public lands.
    Project area means the area of land upon which the operator conducts 
operations, including the area required for construction or maintenance 
of roads, transmission lines, pipelines, or other means of access by the 
operator.
    Public lands, as defined in 43 U.S.C. 1702, 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 BLM, 
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.
    Reclamation means taking measures required by this subpart following 
disturbance of public lands caused by operations to meet applicable 
performance standards and achieve conditions required by BLM at the 
conclusion of

[[Page 935]]

operations. For a definition of ``reclamation'' applicable to operations 
conducted under the mining laws on Stock Raising Homestead Act lands, 
see part 3810, subpart 3814 of this title. Components of reclamation 
include, where applicable:
    (1) Isolation, control, or removal of acid-forming, toxic, or 
deleterious substances;
    (2) Regrading and reshaping to conform with adjacent landforms, 
facilitate revegetation, control drainage, and minimize erosion;
    (3) Rehabilitation of fisheries or wildlife habitat;
    (4) Placement of growth medium and establishment of self-sustaining 
revegetation;
    (5) Removal or stabilization of buildings, structures, or other 
support facilities;
    (6) Plugging of drill holes and closure of underground workings; and
    (7) Providing for post-mining monitoring, maintenance, or treatment.
    Riparian area is a form of wetland transition between permanently 
saturated wetlands and upland areas. These areas exhibit vegetation or 
physical characteristics reflective of permanent surface or subsurface 
water influence. Typical riparian areas include lands along, adjacent 
to, or contiguous with perennially and intermittently flowing rivers and 
streams, glacial potholes, and the shores of lakes and reservoirs with 
stable water levels. Excluded are areas such as ephemeral streams or 
washes that do not exhibit the presence of vegetation dependent upon 
free water in the soil.
    Tribe means, and Tribal refers to, a Federally recognized Indian 
tribe.
    Unnecessary or undue degradation means conditions, activities, or 
practices that:
    (1) Fail to comply with one or more of the following: the 
performance standards in Sec. 3809.420, the terms and conditions of an 
approved plan of operations, operations described in a complete notice, 
and other Federal and state laws related to environmental protection and 
protection of cultural resources;
    (2) Are not ``reasonably incident'' to prospecting, mining, or 
processing operations as defined in Sec. 3715.0-5 of this chapter; or
    (3) Fail to attain a stated level of protection or reclamation 
required by specific laws in areas such as the California Desert 
Conservation Area, Wild and Scenic Rivers, BLM-administered portions of 
the National Wilderness System, and BLM-administered National Monuments 
and National Conservation Areas.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001]



Sec. 3809.10  How does BLM classify operations?

    BLM classifies operations as--
    (a) Casual use, for which an operator need not notify BLM. (You must 
reclaim any casual-use disturbance that you create. If your operations 
do not qualify as casual use, you must submit a notice or plan of 
operations, whichever is applicable. See Secs. 3809.11 and 3809.21.);
    (b) Notice-level operations, for which an operator must submit a 
notice (except for certain suction-dredging operations covered by 
Sec. 3809.31(b)); and
    (c) Plan-level operations, for which an operator must submit a plan 
of operations and obtain BLM's approval.



Sec. 3809.11  When do I have to submit a plan of operations?

    (a) You must submit a plan of operations and obtain BLM's approval 
before beginning operations greater than casual use, except as described 
in Sec. 3809.21. Also see Secs. 3809.31 and 3809.400 through 3809.434.
    (b) You must submit a plan of operations for any bulk sampling in 
which you will remove 1,000 tons or more of presumed ore for testing.
    (c) You must submit a plan of operations for any operations causing 
surface disturbance greater than casual use in the following special 
status areas where Sec. 3809.21 does not apply:
    (1) Lands in the California Desert Conservation Area (CDCA) 
designated by the CDCA plan as ``controlled'' or ``limited'' use areas;
    (2) Areas in the National Wild and Scenic Rivers System, and areas 
designated for potential addition to the system;

[[Page 936]]

    (3) Designated Areas of Critical Environmental Concern;
    (4) Areas designated as part of the National Wilderness Preservation 
System and administered by BLM;
    (5) Areas designated as ``closed'' to off-road vehicle use, as 
defined in Sec. 8340.0-5 of this title;
    (6) Any lands or waters known to contain Federally proposed or 
listed threatened or endangered species or their proposed or designated 
critical habitat, unless BLM allows for other action under a formal 
land-use plan or threatened or endangered species recovery plan; and
    (7) National Monuments and National Conservation Areas administered 
by BLM.



Sec. 3809.21  When do I have to submit a notice?

    (a) You must submit a complete notice of your operations 15 calendar 
days before you commence exploration causing surface disturbance of 5 
acres or less of public lands on which reclamation has not been 
completed. See Sec. 3809.301 for information on what you must include in 
your notice.
    (b) You must not segment a project area by filing a series of 
notices for the purpose of avoiding filing a plan of operations. See 
Secs. 3809.300 through 3809.336 for regulations applicable to notice-
level operations.



Sec. 3809.31  Are there any special situations that affect what
submittals I must make before I conduct operations?

    (a) Where the cumulative effects of casual use by individuals or 
groups have resulted in, or are reasonably expected to result in, more 
than negligible disturbance, the State Director may establish specific 
areas as he/she deems necessary where any individual or group intending 
to conduct activities under the mining laws must contact BLM 15 calendar 
days before beginning activities to determine whether the individual or 
group must submit a notice or plan of operations. (See Sec. 3809.300 
through 3809.336 and Sec. 3809.400 through 3809.434.) BLM will notify 
the public via publication in the Federal Register of the boundaries of 
such specific areas, as well as through posting in each local BLM office 
having jurisdiction over the lands.
    (b) Suction dredges. (1) If your operations involve the use of a 
suction dredge, the State requires an authorization for its use, and BLM 
and the State have an agreement under Sec. 3809.200 addressing suction 
dredging, then you need not submit to BLM a notice or plan of 
operations, unless otherwise provided in the agreement between BLM and 
the State.
    (2) For all uses of a suction dredge not covered by paragraph (b)(1) 
of this section, you must contact BLM before beginning such use to 
determine whether you need to submit a notice or a plan to BLM, or 
whether your activities constitute casual use. If your proposed suction 
dredging is located within any lands or waters known to contain 
Federally proposed or listed threatened or endangered species or their 
proposed or designated critical habitat, regardless of the level of 
disturbance, you must not begin operations until BLM completes 
consultation the Endangered Species Act requires.
    (c) If your operations require you to occupy or use a site for 
activities ``reasonably incident'' to mining, as defined in Sec. 3715.0-
5 of this title, whether you are operating under a notice or a plan of 
operations, you must also comply with part 3710, subpart 3715, of this 
title.
    (d) If your operations are located on lands patented under the Stock 
Raising Homestead Act and you do not have the written consent of the 
surface owner, then you must submit a plan of operations and obtain 
BLM's approval. Where you have surface-owner consent, you do not need a 
notice or a plan of operations under this subpart. See part 3810, 
subpart 3814, of this title.
    (e) For other than Stock Raising Homestead Act lands, if your 
proposed operations are located on lands conveyed by the United States 
which contain minerals reserved to the United States, then you must 
submit a plan of operations under Sec. 3809.11 and obtain BLM's approval 
or a notice under Sec. 3809.21.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001]

[[Page 937]]



Sec. 3809.100  What special provisions apply to operations on
segregated or withdrawn lands?

    (a) Mineral examination report. After the date on which the lands 
are withdrawn from appropriation under the mining laws, BLM will not 
approve a plan of operations or allow notice-level operations to proceed 
until BLM has prepared a mineral examination report to determine whether 
the mining claim was valid before the withdrawal, and whether it remains 
valid. BLM may require preparation of a mineral examination report 
before approving a plan of operations or allowing notice-level 
operations to proceed on segregated lands. If the report concludes that 
the mining claim is invalid, BLM will not approve operations or allow 
notice-level operations on the mining claim. BLM will also promptly 
initiate contest proceedings.
    (b) Allowable operations. If BLM has not completed the mineral 
examination report under paragraph (a) of this section, if the mineral 
examination report for proposed operations concludes that a mining claim 
is invalid, or if there is a pending contest proceeding for the mining 
claim,
    (1) BLM may--
    (i) Approve a plan of operations for the disputed mining claim 
proposing operations that are limited to taking samples to confirm or 
corroborate mineral exposures that are physically disclosed and existing 
on the mining claim before the segregation or withdrawal date, whichever 
is earlier; and
    (ii) Approve a plan of operations for the operator to perform the 
minimum necessary annual assessment work under Sec. 3851.1 of this 
title; or
    (2) A person may only conduct exploration under a notice that is 
limited to taking samples to confirm or corroborate mineral exposures 
that are physically disclosed and existing on the mining claim before 
the segregation or withdrawal date, whichever is earlier.
    (c) Time limits. While BLM prepares a mineral examination report 
under paragraph (a) of this section, it may suspend the time limit for 
responding to a notice or acting on a plan of operations. See 
Secs. 3809.311 and 3809.411, respectively.
    (d) Final decision. If a final departmental decision declares a 
mining claim to be null and void, the operator must cease all 
operations, except required reclamation.



Sec. 3809.101  What special provisions apply to minerals that may 
be common variety minerals, such as sand, gravel, and building stone?

    (a) Mineral examination report. On mining claims located on or after 
July 23, 1955, you must not initiate operations for minerals that may be 
``common variety'' minerals, as defined in Sec. 3711.1(b) of this title, 
until BLM has prepared a mineral examination report, except as provided 
in paragraph (b) of this section.
    (b) Interim authorization. Until the mineral examination report 
described in paragraph (a) of this section is prepared, BLM will allow 
notice-level operations or approve a plan of operations for the disputed 
mining claim for--
    (1) Operations limited to taking samples to confirm or corroborate 
mineral exposures that are physically disclosed and existing on the 
mining claim;
    (2) Performance of the minimum necessary annual assessment work 
under Sec. 3851.1 of this title; or
    (3) Operations to remove possible common variety minerals if you 
establish an escrow account in a form acceptable to BLM. You must make 
regular payments to the escrow account for the appraised value of 
possible common variety minerals removed under a payment schedule 
approved by BLM. The funds in the escrow account must not be disbursed 
to the operator or to the U.S. Treasury until a final determination of 
whether the mineral is a common variety and therefore salable under part 
3600 of this title.
    (c) Determination of common variety. If the mineral examination 
report under paragraph (a) of this section concludes that the minerals 
are common variety minerals, you may either relinquish your mining 
claim(s) or BLM will initiate contest proceedings. Upon relinquishment 
or final departmental determination that the mining claim(s) is null and 
void, you must promptly close and reclaim your operations unless you

[[Page 938]]

are authorized to proceed under parts 3600 and 3610 of this title.
    (d) Disposal. BLM may dispose of common variety minerals from 
unpatented mining claims in accordance with the provisions of 
Sec. 3601.14 of this chapter.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 58910, Nov. 23, 2001]



Sec. 3809.111  Will BLM disclose to the public the information 
I submit under this subpart?

    Part 2 of this title applies to all information and data you submit 
under this subpart. If you submit information or data under this subpart 
that you believe is exempt from disclosure, you must mark each page 
clearly ``CONFIDENTIAL INFORMATION.'' You must also separate it from 
other materials you submit to BLM. BLM will keep confidential 
information or data marked in this manner to the extent required by part 
2 of this title. If you do not mark the information as confidential, 
BLM, without notifying you, may disclose the information to the public 
to the full extent allowed under part 2 of this title.



Sec. 3809.115  Can BLM collect information under this subpart?

    Yes, the Office of Management and Budget has approved the 
collections of information contained in this subpart under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0194. BLM will use this 
information to regulate and monitor mining and exploration operations on 
public lands.



Sec. 3809.116  As a mining claimant or operator, what are my
responsibilities under this subpart for my project area?

    (a) Mining claimants and operators (if other than the mining 
claimant) are liable for obligations under this subpart that accrue 
while they hold their interests.
    (b) Relinquishment, forfeiture, or abandonment of a mining claim 
does not relieve a mining claimant's or operator's responsibility under 
this subpart for obligations that accrued or conditions that were 
created while the mining claimant or operator was responsible for 
operations conducted on that mining claim or in the project area.
    (c) Transfer of a mining claim or operation does not relieve a 
mining claimant's or operator's responsibility under this subpart for 
obligations that accrued or conditions that were created while the 
mining claimant or operator was responsible for operations conducted on 
that mining claim or in the project area until--
    (1) BLM receives documentation that a transferee accepts 
responsibility for the transferor's previously accrued obligations, and
    (2) BLM accepts an adequate replacement financial guarantee adequate 
to cover such previously accrued obligations and the transferee's new 
obligations.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001]

                        Federal/State Agreements



Sec. 3809.200  What kinds of agreements may BLM and a State
make under this subpart?

    To prevent unnecessary administrative delay and to avoid duplication 
of administration and enforcement, BLM and a State may make the 
following kinds of agreements:
    (a) An agreement to provide for a joint Federal/State program; and
    (b) An agreement under Sec. 3809.202 which provides that, in place 
of BLM administration, BLM defers to State administration of some or all 
of the requirements of this subpart subject to the limitations in 
Sec. 3809.203.



Sec. 3809.201  What should these agreements address?

    (a) The agreements should provide for maximum possible coordination 
with the State to avoid duplication and to ensure that operators prevent 
unnecessary or undue degradation of public lands. Agreements should 
cover any or all sections of this subpart and should consider, at a 
minimum, common approaches to review of plans of operations, including 
effective cooperation regarding the National Environmental Policy Act; 
performance standards; interim management of temporary closure; 
financial guarantees; inspections; and enforcement actions,

[[Page 939]]

including referrals to enforcement authorities. BLM and the State should 
also include provisions for the regular review or audit of these 
agreements.
    (b) To satisfy the requirements of Sec. 3809.31(b), if BLM and the 
State elect to address suction dredge activities in the agreement, the 
agreement must require a State to notify BLM of each application to 
conduct suction dredge activities within 15 calendar days of receipt of 
the application by the State. BLM will inform the State whether 
Federally proposed or listed threatened or endangered species or their 
proposed or designated critical habitat may be affected by the proposed 
activities and any necessary mitigating measures. Operations must not 
begin until BLM completes consultation or conferencing under the 
Endangered Species Act.



Sec. 3809.202  Under what conditions will BLM defer to State 
regulation of operations?

    (a) State request. A State may request BLM enter into an agreement 
for State regulation of operations on public lands in place of BLM 
administration of some or all of the requirements of this subpart. The 
State must send the request to the BLM State Director with jurisdiction 
over public lands in the State.
    (b) BLM review. (1) When the State Director receives the State's 
request, he/she will notify the public and provide an opportunity for 
comment. The State Director will then review the request and determine 
whether the State's requirements are consistent with the requirements of 
this subpart, and whether the State has necessary legal authorities, 
resources, and funding for an agreement. The State requirements may be 
contained in laws, regulations, guidelines, policy manuals, and 
demonstrated permitting practices.
    (2) For the purposes of this subpart, BLM will determine consistency 
with the requirements of this subpart by comparing this subpart and 
State standards on a provision-by-provision basis to determine--
    (i) Whether non-numerical State standards are functionally 
equivalent to BLM counterparts; and
    (ii) Whether numerical State standards are the same as corresponding 
numerical BLM standards, except that State review and approval time 
frames do not have to be the same as the corresponding Federal time 
frames.
    (3) A State environmental protection standard that exceeds a 
corresponding Federal standard is consistent with the requirements of 
this subpart.
    (c) State Director decision. The BLM State Director will notify the 
State in writing of his/her decision regarding the State's request. The 
State Director will address whether the State requirements are 
consistent with the requirements of this subpart, and whether the State 
has necessary legal authorities, resources, and funding to implement any 
agreement. If BLM determines that the State's requirements are 
consistent with the requirements of this subpart and the State has the 
necessary legal authorities, resources, and funding, BLM must enter into 
an agreement with the State so that the State will regulate some or all 
of the operations on public lands, as described in the State request.
    (d) Appeal of State Director decision. The BLM State Director's 
decision will be a final decision of BLM and may be appealed to the 
Assistant Secretary for Land and Minerals Management, but not to the 
Department of the Interior Office of Hearings and Appeals. The items you 
should include in the appeal are the same as the items you must include 
under Sec. 3809.802.

[65 FR 70112, Nov. 21, 2000, as amended at 68 FR 32656, June 2, 2003]



Sec. 3809.203  What are the limitations on BLM deferral to State
regulation of operations?

    Any agreement between BLM and a State in which BLM defers to State 
regulation of some or all operations on public lands is subject to the 
following limitations:
    (a) Plans of Operations. BLM must concur with each State decision 
approving a plan of operations to assure compliance with this subpart, 
and BLM retains responsibility for compliance with the National 
Environmental Policy Act (NEPA). The State and BLM may decide who will 
be the lead agency

[[Page 940]]

in the plan review process, including preparation of NEPA documents.
    (b) Federal land-use planning and other Federal laws. BLM will 
continue to be responsible for all land-use planning on public lands and 
for implementing other Federal laws relating to the public lands for 
which BLM is responsible.
    (c) Federal enforcement. BLM may take any authorized action to 
enforce the requirements of this subpart or any term, condition, or 
limitation of a notice or an approved plan of operations. BLM may take 
this action regardless of the nature of its agreement with a State, or 
actions taken by a State.
    (d) Financial guarantee. The amount of the financial guarantee must 
be calculated based on the completion of both Federal and State 
reclamation requirements, but may be held as one instrument. If the 
financial guarantee is held as one instrument, it must be redeemable by 
both the Secretary and the State. BLM must concur in the approval, 
release, or forfeiture of a financial guarantee for public lands.
    (e) State performance. If BLM determines that a State is not in 
compliance with all or part of its Federal/State agreement, BLM will 
notify the State and provide a reasonable time for the State to comply.
    (f) Termination. (1) If a State does not comply after being notified 
under paragraph (e) of this section, BLM will take appropriate action, 
which may include termination of all or part of the agreement.
    (2) A State may terminate its agreement by notifying BLM 60 calendar 
days in advance.



Sec. 3809.204  Does this subpart cancel an existing agreement between
BLM and a State?

    (a) No, this subpart doesn't cancel a Federal/State agreement or 
memorandum of understanding in effect on January 20, 2001. A Federal/
State agreement or memorandum of understanding will continue while BLM 
and the State perform a review to determine whether revisions are 
required under this subpart. BLM and the State must complete the review 
and make necessary revisions no later than one year from January 20, 
2001.
    (b) The BLM State Director may extend the review period described in 
paragraph (a) of this section for one more year upon the written request 
of the Governor of the State or the delegated representative of the 
Governor, and if necessary, for a third year upon another written 
request. The existing agreement or memorandum of understanding 
terminates no later than one year after January 20, 2001 if this review 
and any necessary revision does not occur, unless extended under this 
paragraph.
    (c) This subpart applies during the review period described in 
paragraphs (a) and (b) of this section. Where a portion of a Federal/
State agreement or memorandum of understanding existing on January 20, 
2001 is inconsistent with this subpart, that portion continues in effect 
until the agreement or memorandum of understanding is revised under this 
subpart or terminated.

                   Operations Conducted Under Notices



Sec. 3809.300  Does this subpart apply to my existing notice-level
operations?

    To see how this subpart applies to your operations conducted under a 
notice and existing on January 20, 2001, follow this table:

[[Page 941]]



------------------------------------------------------------------------
 If BLM has received your complete
  notice before January 20, 2001--                  Then--
------------------------------------------------------------------------
(a) You are the operator identified  You may conduct operations for 2
 in the notice on file with BLM on    years after January 20, 2001 under
 January 20, 2001.                    the terms of your existing notice
                                      and the regulations in effect
                                      immediately before that date. (See
                                      43 CFR parts 1000-end, revised as
                                      of Oct. 1, 1999.) After 2 years,
                                      you may extend your notice under
                                      Sec. 3809.333. BLM may require a
                                      modification under Sec.
                                      3809.331(a)(1). See Sec. 3809.503
                                      for financial guarantee
                                      requirements applicable to
                                      notices.
------------------------------------------------------------------------
(b) You are a new operator, that     The provisions of this subpart,
 is, you were not the operator        including Sec. 3809.320, govern
 identified in the notice on file     your operations for 2 years after
 with BLM on January 20, 2001.        January 20, 2001, unless you
                                      extend your notice under Sec.
                                      3809.333.
------------------------------------------------------------------------
(c) You later modify your notice...  (1) You may conduct operations on
                                      the original acreage for 2 years
                                      after January 20, 2001 under the
                                      terms of your existing notice and
                                      the regulations in effect
                                      immediately before that date (See
                                      43 CFR parts 1000-end, revised as
                                      of Oct. 1, 2000.) After 2 years,
                                      you may extend your notice under
                                      Sec. 3809.333. BLM may require a
                                      modification under Sec.
                                      3809.331(a)(1). See Sec.
                                      3809.503(b) for financial
                                      guarantee requirements applicable
                                      to notices.
                                     (2) Your operations on any
                                      additional acreage come under the
                                      provisions of this subpart,
                                      including Secs.  3809.11 and
                                      3809.21, and may require approval
                                      of a plan of operations before the
                                      additional surface disturbance
                                      may.
------------------------------------------------------------------------
(d) Your notice has expired........  You may not conduct operations
                                      under an expired notice. You must
                                      promptly submit either a new
                                      notice under Sec. 3809.301 or a
                                      plan of operations under Sec.
                                      3809.401, whichever is applicable,
                                      or immediately begin to reclaim
                                      your project area. See Secs.
                                      3809.11 and 3809.21.
------------------------------------------------------------------------



Sec. 3809.301  Where do I file my notice and what information must
I include in it?

    (a) If you qualify under Sec. 3809.21, you must file your notice 
with the local BLM office with jurisdiction over the lands involved. BLM 
does not require that the notice be on a particular form.
    (b) To be complete, your notice must include the following 
information:
    (1) Operator Information. The name, mailing address, phone number, 
taxpayer identification number of the operator(s), and the BLM serial 
number(s) of any unpatented mining claim(s) where the disturbance would

[[Page 942]]

occur. If the operator is a corporation, you must identify one 
individual as the point of contact;
    (2) Activity Description, Map, and Schedule of Activities. A 
description of the proposed activity with a level of detail appropriate 
to the type, size, and location of the activity. The description must 
include the following:
    (i) The measures that you will take to prevent unnecessary or undue 
degradation during operations;
    (ii) A map showing the location of your project area in sufficient 
detail for BLM to be able to find it and the location of access routes 
you intend to use, improve, or construct;
    (iii) A description of the type of equipment you intend to use; and
    (iv) A schedule of activities, including the date when you expect to 
begin operations and the date you expect to complete reclamation;
    (3) Reclamation Plan. A description of how you will complete 
reclamation to the standards described in Sec. 3809.420; and
    (4) Reclamation cost estimate. An estimate of the cost to fully 
reclaim your operations as required by Sec. 3809.552.
    (c) BLM may require you to provide additional information, if 
necessary to ensure that your operations will comply with this subpart.
    (d) You must notify BLM in writing within 30 calendar days of any 
change of operator or corporate point of contact, or of the mailing 
address of the operator or corporate point of contact.



Sec. 3809.311  What action does BLM take when it receives my notice?

    (a) Upon receipt of your notice, BLM will review it within 15 
calendar days to see if it is complete under Sec. 3809.301.
    (b) If your notice is incomplete, BLM will inform you in writing of 
the additional information you must submit. BLM may also take the 
actions described in Sec. 3809.313.
    (c) BLM will review your additional information within 15 calendar 
days to ensure it is complete. BLM will repeat this process until your 
notice is complete, or until we determine that you may not conduct 
operations because of your inability to prevent unnecessary or undue 
degradation.



Sec. 3809.312  When may I begin operations after filing a complete
notice?

    (a) If BLM does not take any of the actions described in 
Sec. 3908.313, you may begin operations no sooner than 15 calendar days 
after the appropriate BLM office receives your complete notice. BLM may 
send you an acknowledgement that indicates the date we received your 
notice. If you don't receive an acknowledgement or have any doubt about 
the date we received your notice, contact the office to which you sent 
the notice. This subpart does not require BLM to approve your notice or 
inform you that your notice is complete.
    (b) If BLM completes our review sooner than 15 calendar days after 
receiving your complete notice, we may notify you that you may begin 
operations.
    (c) You must provide to BLM a financial guarantee that meets the 
requirements of this subpart before beginning operations.
    (d) Your operations may be subject to BLM approval under part 3710, 
subpart 3715, of this title relating to use or occupancy of unpatented 
mining claims.



Sec. 3809.313  Under what circumstances may I not begin operations 
15 calendar days after filing my notice?

    To see when you may not begin operations 15 calendar days after 
filing your notice, follow this table:

------------------------------------------------------------------------
  If BLM reviews your notice and,
     within 15 calendar days--                      Then--
------------------------------------------------------------------------
(a) Notifies you that BLM needs      You must not begin operations until
 additional time, not to exceed 15    the additional review time period
 calendar days, to complete its       ends.
 review.
------------------------------------------------------------------------

[[Page 943]]

 
(b) Notifies you that you must       You must not begin operations until
 modify your notice to prevent        you modify your notice to ensure
 unnecessary or undue degradation.    that your operations prevent
                                      unnecessary or undue degradation.
------------------------------------------------------------------------
(c) Requires you to consult with     You must not begin operations until
 BLM about the location of existing   you consult with BLM and satisfy
 or proposed access routes.           BLM's concerns about access.
------------------------------------------------------------------------
(d) Determines that an on-site       You must not begin operations until
 visit is necessary.                  BLM visits the site, and you
                                      satisfy any concerns arising from
                                      the visit. BLM will notify you if
                                      we will not conduct the site visit
                                      within 15 calendar days of
                                      determining that a visit is
                                      necessary, including the reason(s)
                                      for the delay.
------------------------------------------------------------------------
(e) BLM determines you don't         You must file a plan of operations
 qualify under Sec. 3809.11 as a     before beginning operations. See
 notice-level operation.              Secs.  3809.400 through 3809.420.
------------------------------------------------------------------------



Sec. 3809.320  Which performance standards apply to my notice-level
operations?

    Your notice-level operations must meet all applicable performance 
standards of Sec. 3809.420.



Sec. 3809.330  May I modify my notice?

    (a) Yes, you may submit a notice modification at any time during 
operations under a notice.
    (b) BLM will review your notice modification the same way it 
reviewed your initial notice under Secs. 3809.311 and 3809.313.



Sec. 3809.331  Under what conditions must I modify my notice?

    (a) You must modify your notice--
    (1) If BLM requires you to do so to prevent unnecessary or undue 
degradation; or
    (2) If you plan to make material changes to your operations. 
Material changes are changes that disturb areas not described in the 
existing notice; change your reclamation plan; or result in impacts of a 
different kind, degree, or extent than those described in the existing 
notice.
    (b) You must submit your notice modification 15 calendar days before 
making any material changes. If BLM determines your notice modification 
is complete before the 15-day period has elapsed, BLM may notify you to 
proceed. When BLM requires you to modify your notice, we may also notify 
you to proceed before the 15-day period has elapsed to prevent 
unnecessary or undue degradation.



Sec. 3809.332  How long does my notice remain in effect?

    If you filed your complete notice on or after January 20, 2001, it 
remains in effect for 2 years, unless extended under Sec. 3809.333, or 
unless you notify BLM beforehand that operations have ceased and 
reclamation is complete. BLM will conduct an inspection to verify 
whether you have met your obligations, will notify you promptly in 
writing, and terminate your notice, if appropriate.



Sec. 3809.333  May I extend my notice, and, if so, how?

    Yes, if you wish to conduct operations for 2 additional years after 
the expiration date of your notice, you must notify BLM in writing on or 
before the expiration date and meet the financial guarantee requirements 
of

[[Page 944]]

Sec. 3809.503. You may extend your notice more than once.



Sec. 3809.334  What if I temporarily stop conducting operations
under a notice?

    (a) If you stop conducting operations for any period of time, you 
must--
    (1) Maintain public lands within the project area, including 
structures, in a safe and clean condition;
    (2) Take all steps necessary to prevent unnecessary or undue 
degradation; and
    (3) Maintain an adequate financial guarantee.
    (b) If the period of non-operation is likely to cause unnecessary or 
undue degradation, BLM, in writing, will--
    (1) Require you to take all steps necessary to prevent unnecessary 
or undue degradation; and
    (2) Require you, after an extended period of non-operation for other 
than seasonal operations, to remove all structures, equipment, and other 
facilities and reclaim the project area.



Sec. 3809.335  What happens when my notice expires?

    (a) When your notice expires, you must--
    (1) Cease operations, except reclamation; and
    (2) Complete reclamation promptly according to your notice.
    (b) Your reclamation obligations continue beyond the expiration or 
any termination of your notice until you satisfy them.



Sec. 3809.336  What if I abandon my notice-level operations?

    (a) BLM may consider your operations to be abandoned if, for 
example, you leave inoperable or non-mining related equipment in the 
project area, remove equipment and facilities from the project area 
other than for purposes of completing reclamation according to your 
reclamation plan, do not maintain the project area, discharge local 
workers, or there is no sign of activity in the project area over time.
    (b) If BLM determines that you abandoned your operations without 
completing reclamation, BLM may initiate forfeiture under Sec. 3809.595. 
If the amount of the financial guarantee is inadequate to cover the cost 
of reclamation, BLM may complete the reclamation, and the operator and 
all other responsible persons are liable for the cost of reclamation.

             Operations Conducted Under Plans of Operations



Sec. 3809.400  Does this subpart apply to my existing or pending
plan of operations?

    (a) You may continue to operate under the terms and conditions of a 
plan of operations that BLM approved before January 20, 2001. All 
provisions of this subpart except plan content (Sec. 3809.401) and 
performance standards (Secs. 3809.415 and 3809.420) apply to such plan 
of operations. See Sec. 3809.505 for the applicability of financial 
guarantee requirements.
    (b) If your unapproved plan of operations is pending on January 20, 
2001, then the plan content requirements and performance standards that 
were in effect immediately before that date apply to your pending plan 
of operations. (See 43 CFR parts 1000-end, revised as of Oct. 1, 1999.) 
All other provisions of this subpart apply.
    (c) If you want this subpart to apply to any existing or pending 
plan of operations, where not otherwise required, you may choose to have 
this subpart apply.



Sec. 3809.401  Where do I file my plan of operations and what
information must I include with it?

    (a) If you are required to file a plan of operations under 
Sec. 3809.11, you must file it with the local BLM field office with 
jurisdiction over the lands involved. BLM does not require that the plan 
be on a particular form. Your plan of operations must demonstrate that 
the proposed operations would not result in unnecessary or undue 
degradation of public lands.
    (b) Your plan of operations must contain the following information 
and describe the proposed operations at a level of detail sufficient for 
BLM to determine that the plan of operations prevents unnecessary or 
undue degradation:

[[Page 945]]

    (1) Operator Information. The name, mailing address, phone number, 
taxpayer identification number of the operator(s), and the BLM serial 
number(s) of any unpatented mining claim(s) where disturbance would 
occur. If the operator is a corporation, you must identify one 
individual as the point of contact. You must notify BLM in writing 
within 30 calendar days of any change of operator or corporate point of 
contact or in the mailing address of the operator or corporate point of 
contact;
    (2) Description of Operations. A description of the equipment, 
devices, or practices you propose to use during operations including, 
where applicable--
    (i) Maps of the project area at an appropriate scale showing the 
location of exploration activities, drill sites, mining activities, 
processing facilities, waste rock and tailing disposal areas, support 
facilities, structures, buildings, and access routes;
    (ii) Preliminary or conceptual designs, cross sections, and 
operating plans for mining areas, processing facilities, and waste rock 
and tailing disposal facilities;
    (iii) Water management plans;
    (iv) Rock characterization and handling plans;
    (v) Quality assurance plans;
    (vi) Spill contingency plans;
    (vii) A general schedule of operations from start through closure; 
and
    (viii) Plans for all access roads, water supply pipelines, and power 
or utility services;
    (3) Reclamation Plan. A plan for reclamation to meet the standards 
in Sec. 3809.420, with a description of the equipment, devices, or 
practices you propose to use including, where applicable, plans for--
    (i) Drill-hole plugging;
    (ii) Regrading and reshaping;
    (iii) Mine reclamation, including information on the feasibility of 
pit backfilling that details economic, environmental, and safety 
factors;
    (iv) Riparian mitigation;
    (v) Wildlife habitat rehabilitation;
    (vi) Topsoil handling;
    (vii) Revegetation;
    (viii) Isolation and control of acid-forming, toxic, or deleterious 
materials;
    (ix) Removal or stabilization of buildings, structures and support 
facilities; and
    (x) Post-closure management;
    (4) Monitoring Plan. A proposed plan for monitoring the effect of 
your operations. You must design monitoring plans to meet the following 
objectives: To demonstrate compliance with the approved plan of 
operations and other Federal or State environmental laws and 
regulations, to provide early detection of potential problems, and to 
supply information that will assist in directing corrective actions 
should they become necessary. Where applicable, you must include in 
monitoring plans details on type and location of monitoring devices, 
sampling parameters and frequency, analytical methods, reporting 
procedures, and procedures to respond to adverse monitoring results. 
Monitoring plans may incorporate existing State or other Federal 
monitoring requirements to avoid duplication. Examples of monitoring 
programs which may be necessary include surface- and ground-water 
quality and quantity, air quality, revegetation, stability, noise 
levels, and wildlife mortality; and
    (5) Interim management plan. A plan to manage the project area 
during periods of temporary closure (including periods of seasonal 
closure) to prevent unnecessary or undue degradation. The interim 
management plan must include, where applicable, the following:
    (i) Measures to stabilize excavations and workings;
    (ii) Measures to isolate or control toxic or deleterious materials 
(See also the requirements in Sec. 3809.420(c)(12)(vii).);
    (iii) Provisions for the storage or removal of equipment, supplies 
and structures;
    (iv) Measures to maintain the project area in a safe and clean 
condition;
    (v) Plans for monitoring site conditions during periods of non-
operation; and
    (vi) A schedule of anticipated periods of temporary closure during 
which you would implement the interim management plan, including 
provisions for notifying BLM of unplanned or extended temporary 
closures.

[[Page 946]]

    (c) In addition to the requirements of paragraph (b) of this 
section, BLM may require you to supply--
    (1) Operational and baseline environmental information for BLM to 
analyze potential environmental impacts as required by the National 
Environmental Policy Act and to determine if your plan of operations 
will prevent unnecessary or undue degradation. This could include 
information on public and non-public lands needed to characterize the 
geology, paleontological resources, cave resources, hydrology, soils, 
vegetation, wildlife, air quality, cultural resources, and socioeconomic 
conditions in and around the project area, as well as information that 
may require you to conduct static and kinetic testing to characterize 
the potential for your operations to produce acid drainage or other 
leachate. BLM is available to advise you on the exact type of 
information and level of detail needed to meet these requirements; and
    (2) Other information, if necessary to ensure that your operations 
will comply with this subpart.
    (d) Reclamation cost estimate. At a time specified by BLM, you must 
submit an estimate of the cost to fully reclaim your operations as 
required by Sec. 3809.552. BLM will review your reclamation cost 
estimate and notify you of any deficiencies or additional information 
that must be submitted in order to determine a final reclamation cost. 
BLM will notify you when we have determined the final amount for which 
you must provide financial assurance.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001]



Sec. 3809.411  What action will BLM take when it receives my plan
of operations?

    (a) BLM will review your plan of operations within 30 calendar days 
and will notify you that--
    (1) Your plan of operations is complete, that is, it meets the 
content requirements of Sec. 3809.401(b);
    (2) Your plan does not contain a complete description of the 
proposed operations under Sec. 3809.401(b). BLM will identify 
deficiencies that you must address before BLM can continue processing 
your plan of operations. If necessary, BLM may repeat this process until 
your plan of operations is complete; or
    (3) The description of the proposed operations is complete, but BLM 
cannot approve the plan until certain additional steps are completed, 
including one or more of the following:
    (i) You collect adequate baseline data;
    (ii) BLM completes the environmental review required under the 
National Environmental Policy Act;
    (iii) BLM completes any consultation required under the National 
Historic Preservation Act, the Endangered Species Act, or the Magnuson-
Stevens Fishery Conservation and Management Act;
    (iv) BLM or the Department of the Interior completes other Federal 
responsibilities, such as Native American consultation;
    (v) BLM conducts an on-site visit;
    (vi) BLM completes review of public comments on the plan of 
operations;
    (vii) For public lands where BLM does not have responsibility for 
managing the surface, BLM consults with the surface-managing agency;
    (viii) In cases where the surface is owned by a non-Federal entity, 
BLM consults with the surface owner; and
    (ix) BLM completes consultation with the State to ensure your 
operations will be consistent with State water quality requirements.
    (b) Pending final approval of your plan of operations, BLM may 
approve any operations that may be necessary for timely compliance with 
requirements of Federal and State laws, subject to any terms and 
conditions that may be needed to prevent unnecessary or undue 
degradation.
    (c) Following receipt of your complete plan of operations and before 
BLM acts on it, we will publish a notice of the availability of the plan 
in either a local newspaper of general circulation or a NEPA document 
and will accept public comment for at least 30 calendar days on your 
plan of operations.
    (d) Upon completion of the review of your plan of operations, 
including analysis under NEPA and public comment, BLM will notify you 
that--

[[Page 947]]

    (1) BLM approves your plan of operations as submitted (See part 
3810, subpart 3814 of this title for specific plan-related requirements 
applicable to operations on Stock Raising Homestead Act lands.);
    (2) BLM approves your plan of operations subject to changes or 
conditions that are necessary to meet the performance standards of 
Sec. 3809.420 and to prevent unnecessary or undue degradation. BLM may 
require you to incorporate into your plan of operations other agency 
permits, final approved engineering designs and plans, or other 
conditions of approval from the review of the plan of operations filed 
under Sec. 3809.401(b); or
    (3) BLM disapproves, or is withholding approval of your plan of 
operations because the plan:
    (i) Does not meet the applicable content requirements of 
Sec. 3809.401;
    (ii) Proposes operations that are in an area segregated or withdrawn 
from the operation of the mining laws, unless the requirements of 
Sec. 3809.100 are met; or
    (iii) Proposes operations that would result in unnecessary or undue 
degradation of public lands.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54860, Oct. 30, 2001]



Sec. 3809.412  When may I operate under a plan of operations?

    You must not begin operations until BLM approves your plan of 
operations and you provide the financial guarantee required under 
Sec. 3809.551.



Sec. 3809.415  How do I prevent unnecessary or undue degradation
while conducting operations on public lands?

    You prevent unnecessary or undue degradation while conducting 
operations on public lands by--
    (a) Complying with Sec. 3809.420, as applicable; the terms and 
conditions of your notice or approved plan of operations; and other 
Federal and State laws related to environmental protection and 
protection of cultural resources;
    (b) Assuring that your operations are ``reasonably incident'' to 
prospecting, mining, or processing operations and uses as defined in 
Sec. 3715.0-5 of this title; and
    (c) Attaining the stated level of protection or reclamation required 
by specific laws in areas such as the California Desert Conservation 
Area, Wild and Scenic Rivers, BLM-administered portions of the National 
Wilderness System, and BLM-administered National Monuments and National 
Conservation Areas.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54861, Oct. 30, 2001]



Sec. 3809.420  What performance standards apply to my notice or plan 
of operations?

    The following performance standards apply to your notice or plan of 
operations:
    (a) General performance standards--(1) Technology and practices. You 
must use equipment, devices, and practices that will meet the 
performance standards of this subpart.
    (2) Sequence of operations. You must avoid unnecessary impacts and 
facilitate reclamation by following a reasonable and customary mineral 
exploration, development, mining and reclamation sequence.
    (3) Land-use plans. Consistent with the mining laws, your operations 
and post-mining land use must comply with the applicable BLM land-use 
plans and activity plans, and with coastal zone management plans under 
16 U.S.C. 1451, as appropriate.
    (4) Mitigation. You must take mitigation measures specified by BLM 
to protect public lands.
    (5) Concurrent reclamation. You must initiate and complete 
reclamation at the earliest economically and technically feasible time 
on those portions of the disturbed area that you will not disturb 
further.
    (6) Compliance with other laws. You must conduct all operations in a 
manner that complies with all pertinent Federal and state laws.
    (b) Specific standards--(1) Access routes. 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 that require cuts 
on the inside edge in

[[Page 948]]

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. An operator is entitled to 
access to his operations consistent with provisions of the mining laws. 
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.
    (2) Mining wastes. 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) Reclamation. (i) 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.
    (ii) Reclamation shall include, but shall not be limited to:
    (A) Saving of topsoil for final application after reshaping of 
disturbed areas have been completed;
    (B) Measures to control erosion, landslides, and water runoff;
    (C) Measures to isolate, remove, or control toxic materials;
    (D) Reshaping the area disturbed, application of the topsoil, and 
revegetation of disturbed areas, where reasonably practicable; and
    (E) Rehabilitation of fisheries and wildlife habitat.
    (iii) 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.
    (4) 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.).
    (5) 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.).
    (6) 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.
    (7) 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.
    (8) Cultural and paleontological resources. (i) 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.
    (ii) 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.
    (iii) 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.

[[Page 949]]

    (9) 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.
    (10) Fire. 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.
    (11) Acid-forming, toxic, or other deleterious materials. You must 
incorporate identification, handling, and placement of potentially acid-
forming, toxic or other deleterious materials into your operations, 
facility design, reclamation, and environmental monitoring programs to 
minimize the formation and impacts of acidic, alkaline, metal-bearing, 
or other deleterious leachate, including the following:
    (i) You must handle, place, or treat potentially acid-forming, 
toxic, or other deleterious materials in a manner that minimizes the 
likelihood of acid formation and toxic and other deleterious leachate 
generation (source control);
    (ii) If you cannot prevent the formation of acid, toxic, or other 
deleterious drainage, you must minimize uncontrolled migration of 
leachate; and
    (iii) You must capture and treat acid drainage, or other undesirable 
effluent, to the applicable standard if source controls and migration 
controls do not prove effective. You are responsible for any costs 
associated with water treatment or facility maintenance after project 
closure. Long-term, or post-mining, effluent capture and treatment are 
not acceptable substitutes for source and migration control, and you may 
rely on them only after all reasonable source and migration control 
methods have been employed.
    (12) Leaching operations and impoundments. (i) You must design, 
construct, and operate all leach pads, tailings impoundments, ponds, and 
solution-holding facilities according to standard engineering practices 
to achieve and maintain stability and facilitate reclamation.
    (ii) You must construct a low-permeability liner or containment 
system that will minimize the release of leaching solutions to the 
environment. You must monitor to detect potential releases of 
contaminants from heaps, process ponds, tailings impoundments, and other 
structures and remediate environmental impacts if leakage occurs.
    (iii) You must design, construct, and operate cyanide or other 
leaching facilities and impoundments to contain precipitation from the 
local 100-year, 24-hour storm event in addition to the maximum process 
solution inventory. Your design must also include allowances for 
snowmelt events and draindown from heaps during power outages in the 
design.
    (iv) You must construct a secondary containment system around vats, 
tanks, or recovery circuits adequate to prevent the release of toxic 
solutions to the environment in the event of primary containment 
failure.
    (v) You must exclude access by the public, wildlife, or livestock to 
solution containment and transfer structures that contain lethal levels 
of cyanide or other solutions.
    (vi) During closure and at final reclamation, you must detoxify 
leaching solutions and heaps and manage tailings or other process waste 
to minimize impacts to the environment from contact with toxic materials 
or leachate. Acceptable practices to detoxify solutions and materials 
include natural degradation, rinsing, chemical treatment, or equally 
successful alternative methods. Upon completion of reclamation, all 
materials and discharges must meet applicable standards.
    (vii) In cases of temporary or seasonal closure, you must provide 
adequate maintenance, monitoring, security, and financial guarantee, and 
BLM may require you to detoxify process solutions.
    (13) Maintenance and public safety. During all operations, the 
operator

[[Page 950]]

shall maintain his or her 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.

[66 FR 54861, Oct. 30, 2001]



Sec. 3809.421  Enforcement of performance standards.

    Failure of the operator to prevent unnecessary or undue degradation 
or to complete reclamation to the standards described in this subpart 
may cause the operator to be subject to enforcement as described in 
Secs. 3809.600 through 3809. 605 of this subpart.

[66 FR 54862, Oct. 30, 2001]



Sec. 3809.423  How long does my plan of operations remain in effect?

    Your plan of operations remains in effect as long as you are 
conducting operations, unless BLM suspends or revokes your plan of 
operations for failure to comply with this subpart.



Sec. 3809.424  What are my obligations if I stop conducting operations?

    (a) To see what you must do if you stop conducting operations, 
follow this table:

------------------------------------------------------------------------
                If--                                Then--
------------------------------------------------------------------------
(1) You stop conducting operations   (1) You must follow your approved
 for any period of time.              interim management plan submitted
                                      under Sec. 3809.401(b)(5); (ii)
                                      You must submit a modification to
                                      your interim management plan to
                                      BLM within 30 calendar days if it
                                      does not cover the circumstances
                                      of your temporary closure per Sec.
                                       3809.431(a); (iii) You must take
                                      all necessary actions to assure
                                      that unnecessary or undue
                                      degradation does not occur; and
                                      (iv) You must maintain an adequate
                                      financial guarantee.
------------------------------------------------------------------------
(2) The period of non-operation is   The BLM will require you to take
 likely to cause unnecessary or       all necessary actions to assure
 undue degradation.                   that unnecessary or undue
                                      degradation does not occur,
                                      including requiring you, after an
                                      extended period of non-operation
                                      for other than seasonal
                                      operations, to remove all
                                      structures, equipment, and other
                                      facilities and reclaim the project
                                      area.
------------------------------------------------------------------------
(3) Your operations are inactive     BLM will review your operations and
 for 5 consecutive years.             determine whether BLM should
                                      terminate your plan of operations
                                      and direct final reclamation and
                                      closure.
------------------------------------------------------------------------

[[Page 951]]

 
(4) BLM determines that you          BLM may initiate forfeiture under
 abandoned your operations.           Sec. 3809.595. If the amount of
                                      the financial guarantee is
                                      inadequate to cover the costs of
                                      reclamation, BLM may complete the
                                      reclamation, and the operator and
                                      all other responsible persons are
                                      liable for the costs of such
                                      reclamation. See Sec. 3809.336(a)
                                      for indicators of abandonment.
------------------------------------------------------------------------

    (b) Your reclamation and closure obligations continue until 
satisfied.

                  Modifications of Plans of Operations



Sec. 3809.430  May I modify my plan of operations?

    Yes, you may request a modification of the plan at any time during 
operations under an approved plan of operations.



Sec. 3809.431  When must I modify my plan of operations?

    You must modify your plan of operations when any of the following 
apply:
    (a) Before making any changes to the operations described in your 
approved plan of operations;
    (b) When BLM requires you to do so to prevent unnecessary or undue 
degradation; and
    (c) Before final closure, to address impacts from unanticipated 
events or conditions or newly discovered circumstances or information, 
including the following:
    (1) Development of acid or toxic drainage;
    (2) Loss of surface springs or water supplies;
    (3) The need for long-term water treatment and site maintenance;
    (4) Repair of reclamation failures;
    (5) Plans for assuring the adequacy of containment structures and 
the integrity of closed waste units;
    (6) Providing for post-closure management; and (7) Eliminating 
hazards to public safety.



Sec. 3809.432  What process will BLM follow in reviewing a 
modification of my plan of operations?

    (a) BLM will review and approve a modification of your plan of 
operations in the same manner as it reviewed and approved your initial 
plan under Secs. 3809.401 through 3809.420; or
    (b) BLM will accept a minor modification without formal approval if 
it is consistent with the approved plan of operations and does not 
constitute a substantive change that requires additional analysis under 
the National Environmental Policy Act.



Sec. 3809.433  Does this subpart apply to a new modification of my 
plan of operations?

    To see how this subpart applies to a modification of your plan of 
operations that you submit to BLM after January 20, 2001, refer to the 
following table.

[[Page 952]]



------------------------------------------------------------------------
  If you have an approved plan of
   operations on January 20, 2001                   Then--
------------------------------------------------------------------------
(a) New facility. You subsequently   The plan contents requirements
 propose to modify your plan of       (Sec. 3809.401) and performance
 operations by constructing a new     standards (Sec. 3809.420) of this
 facility, such as waste rock         subpart apply to the new facility.
 repository, leach pad,               Those facilities and areas not
 impoundment, drill site, or road.    included in the modification may
                                      continue to operate under the
                                      terms of your existing plan of
                                      operations.
(b) Existing facility. You           The plan contents requirements
 subsequently propose to modify       (Sec. 3809.401) and performance
 your plan of operations by           standards (Sec. 3809.420) of this
 modifying an existing facility,      subpart apply to the modified
 such as expansion of a waste rock    portion of the facility, unless
 repository, leach pad, or            you demonstrate to BLM's
 impoundment; layback of a mine       satisfaction it is not practical
 pit; or widening of a road.          to apply them for economic
                                      environmental, safety, or
                                      technical reasons. If you make the
                                      demonstration, the plan content
                                      requirements (43 CFR 3809.1-5) and
                                      performance standards (43 CFR
                                      3809.1-3(d) and 3809.2-2) that
                                      were in effect immediately before
                                      January 20, 2001 apply to your
                                      modified facility. (See 43 CFR
                                      parts 1000-end, revised as of Oct.
                                      1, 2000.)
------------------------------------------------------------------------
------------------------------------------------------------------------



Sec. 3809.434  How does this subpart apply to pending modifications
for new or existing facilities?

    (a) This subpart applies to modifications pending before BLM on 
January 20, 2001 to construct a new facility, such as a waste rock 
repository, leach pad, drill site, or access road; or to modify an 
existing mine facility such as expansion of a waste rock repository or 
leach pad.
    (b) All provisions of this subpart, except plan content 
(Sec. 3809.401) and performance standards (Secs. 3809.415 and 3809.420) 
apply to any modification of a plan of operations that was pending on 
January 20, 2001. See Sec. 3809.505 for applicability of financial 
guarantee requirements.
    (c) If your unapproved modification of a plan of operations is 
pending on January 20, 2001, then the plan content requirements 
(Sec. 3809.1-5) and the performance standards (Secs. 3809.1-3(d) and 
3809.2-2) that were in effect immediately before January 20, 2001 apply 
to your modification of a plan of operations. (See 43 CFR parts 1000-
end, revised as of Oct. 1, 2000).
    (d) If you want this subpart to apply to your pending modification 
of a plan of operations, where not otherwise required, you may choose to 
have this subpart apply.

                Financial Guarantee Requirements--General



Sec. 3809.500  In general, what are BLM's financial guarantee
requirements?

    To see generally what BLM's financial guarantee requirements are, 
follow this table:

[[Page 953]]



------------------------------------------------------------------------
                If--                                Then--
------------------------------------------------------------------------
(a) Your operations constitute       You do not have to provide any
 casual use,.                         financial guarantee.
------------------------------------------------------------------------
(b) You conduct operations under a   You must provide BLM or the State a
 notice or a plan of operations.      financial guarantee that meets the
                                      requirements of this subpart
                                      before starting operations
                                      operations. For more information,
                                      see Secs.  3809.551 through under
                                      a 3809.573.
------------------------------------------------------------------------



Sec. 3809.503  When must I provide a financial guarantee for my notice
-level operations?

    To see how this subpart applies to your notice, follow this table:

------------------------------------------------------------------------
                If--                                Then--
------------------------------------------------------------------------
(a) Your notice was on file with     You do not need to provide a
 BLM on January 20, 2001.             financial guarantee unless you
                                      modify the notice or extend the
                                      notice under Sec. 3809.333.
------------------------------------------------------------------------
(b) Your notice was on file with     You must provide a financial
 BLM before January 20, 2001 and      guarantee before you can begin
 you choose to modify your notice     operations under the modified
 as required by this subpart on or    notice. If you modify your notice,
 after that date.                     you must post a finacial guarantee
                                      for the entire notice.
------------------------------------------------------------------------
(c) You file a new notice on or      You must provide a financial
 after January 20, 2001.              guarantee before you can begin
                                      operations under the notice.
------------------------------------------------------------------------



Sec. 3809.505  How do the financial guarantee requirements of this
subpart apply to my existing plan of operations?

    For each plan of operations approved before January 20, 2001, for 
which you or your predecessor in interest posted a financial guarantee 
under the regulations in force before that date, you must post a 
financial guarantee according to the requirements of this subpart no 
later than November 20, 2001, at the local BLM office with jurisdiction 
over the lands involved. You do not need to post a new financial 
guarantee if your existing financial guarantee satisfies this subpart. 
If you are conducting operations under a plan of operations approved 
before January 20, 2001, but you have not provided a financial 
guarantee, you must post a financial guarantee under Sec. 3809.551 by 
September 13, 2001.

[66 FR 32575, June 15, 2001]



Sec. 3809.551  What are my choices for providing BLM with a financial
guarantee?

    You must provide BLM with a financial guarantee using any of the 3 
options in the following table:

[[Page 954]]



------------------------------------------------------------------------
                If--                                Then--
------------------------------------------------------------------------
(a) You have only one notice or      You may provide an individual
 plan of operations, or wish to       financial guarantee that covers
 provide a financial guarantee for    only the cost of reclaiming areas
 a single notice or plan of           disturbed under the single notice
 operations.                          or plan of operations. See Secs.
                                      3809.552 through 3809.556 for more
                                      information.
------------------------------------------------------------------------
(b) You are currently operating      You may provide a blanket financial
 under more than one notice or plan   guarantee covering statewide or
 of operations.                       nationwide operations. See Sec.
                                      3809.560 for more information.
------------------------------------------------------------------------
(c) You do not choose one of the     You may provide evidence of an
 options in paragraphs (a) and (b)    existing financial guarantee under
 of this section.                     State law or regulations. See
                                      Secs.  3809.570 through 3809.573
                                      for more information.
------------------------------------------------------------------------

                     Individual Financial Guarantee



Sec. 3809.552  What must my individual financial guarantee cover?

    (a) If you conduct operations under a notice or a plan of operations 
and you provide an individual financial guarantee, it must cover the 
estimated cost as if BLM were to contract with a third party to reclaim 
your operations according to the reclamation plan, including 
construction and maintenance costs for any treatment facilities 
necessary to meet Federal and State environmental standards. The 
financial guarantee must also cover any interim stabilization and 
infrastructure maintenance costs needed to maintain the area of 
operations in compliance with applicable environmental requirements 
while third-party contracts are developed and executed.
    (b) BLM will periodically review the estimated cost of reclamation 
and the adequacy of any funding mechanism established under paragraph 
(c) of this section and require increased coverage, if necessary.
    (c) When BLM identifies a need for it, you must establish a trust 
fund or other funding mechanism available to BLM to ensure the 
continuation of long-term treatment to achieve water quality standards 
and for other long term, post-mining maintenance requirements. The 
funding must be adequate to provide for construction, long-term 
operation, maintenance, or replacement of any treatment facilities and 
infrastructure, for as long as the treatment and facilities are needed 
after mine closure. BLM may identify the need for a trust fund or other 
funding mechanism during plan review or later.



Sec. 3809.553  May I post a financial guarantee for a part of my
operations?

    (a) Yes, BLM may authorize you to provide a financial guarantee 
covering a part of your operations if--
    (1) Your operations do not go beyond what is specifically covered by 
the partial financial guarantee; and
    (2) The partial financial guarantee covers all reclamation costs 
within the incremental area of operations.
    (b) BLM will review the amount and terms of the financial guarantee 
for each increment of your operations at least annually.



Sec. 3809.554  How do I estimate the cost to reclaim my operations?

    (a) You must estimate the cost to reclaim your operations as if BLM 
were hiring a third-party contractor to perform reclamation of your 
operations after you have vacated the project area. Your estimate must 
include BLM's cost to administer the reclamation contract. Contact BLM 
to obtain this administrative cost information.

[[Page 955]]

    (b) Your estimate of the cost to reclaim your operations must be 
acceptable to BLM.



Sec. 3809.555  What forms of individual financial guarantee are
acceptable to BLM?

    You may use any of the following instruments for an individual 
financial guarantee, provided that the BLM State Director has determined 
that it is an acceptable financial instrument within the State where the 
operations are proposed:
    (a) Surety bonds that meet the requirements of Treasury Department 
Circular 570, including surety bonds arranged or paid for by third 
parties;
    (b) 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 BLM;
    (c) Irrevocable letters of credit from a bank or financial 
institution organized or authorized to transact business in the United 
States;
    (d) Certificates of deposit or savings accounts not in excess of the 
maximum insurable amount as set by the Federal Deposit Insurance 
Corporation; and
    (e) Either of the following instruments 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 BLM:
    (1) Negotiable United States Government, State and Municipal 
securities or bonds; or
    (2) 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.
    (f) Insurance, if its form and function is such that the funding or 
enforceable pledges of funding are used to guarantee performance of 
regulatory obligations in the event of default on such obligations by 
the operator. Insurance must have an A.M. Best rating of ``superior'' or 
an equivalent rating from a nationally recognized insurance rating 
service.



Sec. 3809.556  What special requirements apply to financial guarantees
described in Sec. 3809.555(e)?

    (a) If you choose to use the instruments permitted under 
Sec. 3809.555(e) in satisfaction of financial guarantee requirements, 
you must provide BLM, before you begin operations and by the end of each 
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.
    (b) You must review the market value of the account instruments by 
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, you must, within 10 calendar days after its annual review or 
at any time upon the written request of BLM, provide additional 
instruments, as defined in Sec. 3809.555(e), 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. You must send a 
certified statement to BLM within 45 calendar days thereafter describing 
your actions to raise the market value of its account instruments to the 
required dollar amount of the financial guarantee. You must include 
copies of any statements or reports furnished by the brokerage firm to 
you documenting such an increase.
    (c) If your review under paragraph (b) of this section demonstrates 
that the total market value of trust account instruments exceeds 110 
percent of the required dollar amount of the financial guarantee, you 
may ask BLM to authorize a written release of that portion of the 
account that exceeds 110 percent of the required financial guarantee. 
BLM will approve your request only if you are in compliance with the 
terms and conditions of your notice or approved plan of operations.

[[Page 956]]

                       Blanket Financial Guarantee



Sec. 3809.560  Under what circumstances may I provide a blanket
financial guarantee?

    (a) If you have more than one notice- or plan-level operation 
underway, you may provide a blanket financial guarantee covering 
statewide or nationwide operations instead of individual financial 
guarantees for each operation.
    (b) BLM will accept a blanket financial guarantee if we determine 
that its terms and conditions are sufficient to comply with the 
regulations of this subpart.

                   State-Approved Financial Guarantee



Sec. 3809.570  Under what circumstances may I provide a State-approved
financial guarantee?

    When you provide evidence of an existing financial guarantee under 
State law or regulations that covers your operations, you are not 
required to provide a separate financial guarantee under this subpart 
if--
    (a) The existing financial guarantee is redeemable by the Secretary, 
acting by and through BLM;
    (b) It is held or approved by a State agency for the same operations 
covered by your notice(s) or plan(s) of operations; and
    (c) It provides at least the same amount of financial guarantee as 
required by this subpart.



Sec. 3809.571  What forms of State-approved financial guarantee are
acceptable to BLM?

    You may provide a State-approved financial guarantee in any of the 
following forms, subject to the conditions in Secs. 3809.570 and 
3809.574:
    (a) The kinds of individual financial guarantees specified under 
Sec. 3809.555;
    (b) Participation in a State bond pool, if--
    (1) The State agrees that, upon BLM's request, the State will use 
part of the pool to meet reclamation obligations on public lands; and
    (2) The BLM State Director determines that the State bond pool 
provides the equivalent level of protection as that required by this 
subpart; or
    (c) A corporate guarantee that existed on January 20, 2001, subject 
to the restrictions on corporate guarantees in Sec. 3809.574.



Sec. 3809.572  What happens if BLM rejects a financial instrument 
in my State-approved financial guarantee?

    If BLM rejects a submitted financial instrument in an existing 
State-approved financial guarantee, BLM will notify you and the State in 
writing, with a complete explanation of the reasons for the rejection 
within 30 calendar days of BLM's receipt of the evidence of State-
approved financial guarantee. You must provide BLM with a financial 
guarantee acceptable under this subpart at least equal to the amount of 
the rejected financial instrument.



Sec. 3809.573  What happens if the State makes a demand against my 
financial guarantee?

    When the State makes a demand against your financial guarantee, 
thereby reducing the available balance, you must do both of the 
following:
    (a) Notify BLM within 15 calendar days; and
    (b) Replace or augment the financial guarantee within 30 calendar 
days if the available balance is insufficient to cover the remaining 
reclamation cost.



Sec. 3809.574  What happens if I have an existing corporate guarantee?

    (a) If you have an existing corporate guarantee on January 20, 2001 
that applies to public lands under an approved BLM and State agreement, 
your corporate guarantee will continue in effect. BLM will not accept 
any new corporate guarantees or increases to existing corporate 
guarantees. You may not transfer your existing corporate guarantee to 
another operator.
    (b) If the State revises existing corporate guarantee criteria or 
requirements that apply to a corporate guarantee existing on January 20, 
2001, the BLM State Director will review the revisions to ensure that 
adequate financial coverage continues. If the BLM State Director 
determines it is in the

[[Page 957]]

public interest to do so, the State Director may terminate a revised 
corporate guarantee and require an acceptable replacement financial 
guarantee after due notice and a reasonable time to obtain a 
replacement.

          Modification or Replacement of a Financial Guarantee



Sec. 3809.580  What happens if I modify my notice or approved plan
of operations?

    (a) If you modify a notice or an approved plan of operations under 
Sec. 3809.331 or Sec. 3809.431 respectively, and your estimated 
reclamation cost increases, you must increase the amount of the 
financial guarantee to cover any estimated additional cost of 
reclamation and long-term treatment in compliance with Sec. 3809.552.
    (b) If you modify a notice or an approved plan of operations under 
Sec. 3809.331 or Sec. 3809.431 respectively, and your estimated 
reclamation cost decreases, you may request BLM decrease the amount of 
the financial guarantee for your operations.



Sec. 3809.581  Will BLM accept a replacement financial instrument?

    (a) Yes, if you or a new operator have an approved financial 
guarantee, you may request BLM to accept a replacement financial 
instrument at any time after the approval of an initial instrument. BLM 
will 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 
calendar days of the offering.
    (b) A surety is not released from an obligation that accrued while 
the surety bond was in effect unless the replacement financial guarantee 
covers such obligations to BLM's satisfaction.



Sec. 3809.582  How long must I maintain my financial guarantee?

    You must maintain your financial guarantee until you or a new 
operator replace it with another adequate financial guarantee, subject 
to BLM's written concurrence, or until BLM releases the requirement to 
maintain your financial guarantee after you have completed reclamation 
of your operation according to the requirements of Sec. 3809.320 (for 
notices), including any measures identified as the result of 
consultation with BLM under Sec. 3809.313, or Sec. 3809.420 (for plans 
of operations).

                     Release of Financial Guarantee



Sec. 3809.590  When will BLM release or reduce the financial guarantee
for my notice or plan of operations?

    (a) When you (the mining claimant or operator) have completed all or 
any portion of the reclamation of your operations in accordance with 
your notice or approved plan of operations, you may notify BLM that the 
reclamation has occurred and request a reduction in the financial 
guarantee or BLM approval of the adequacy of the reclamation, or both.
    (b) BLM will then promptly inspect the reclaimed area. We encourage 
you to accompany the BLM inspector.
    (c) For your plan of operations, BLM will either post in the local 
BLM office or publish notice of final financial guarantee release in a 
local newspaper of general circulation and accept comments for 30 
calendar days. Subsequently, BLM will notify you, in writing, whether 
you may reduce the financial guarantee under Sec. 3809.591, or the 
reclamation is acceptable, or both.



Sec. 3809.591  What are the limitations on the amount by which BLM 
may reduce my financial guarantee?

    (a) This section applies to your financial guarantee, but not to any 
funding mechanism established under Sec. 3809.552(c) to pay for long-
term treatment of effluent or site maintenance. Calculation of bond 
percentages in paragraphs (b) and (c) of this section does not include 
any funds held in that kind of funding mechanism.
    (b) BLM may release up to 60 percent of your financial guarantee for 
a portion of your project area when BLM determines that you have 
successfully completed backfilling; regrading; establishment of drainage 
control; and stabilization and detoxification of leaching solutions, 
heaps, tailings, and similar facilities on that portion of the project 
area.
    (c) BLM may release the remainder of your financial guarantee for 
the

[[Page 958]]

same portion of the project area when--
    (1) BLM determines that you have successfully completed reclamation, 
including revegetating the area disturbed by operations; and
    (2) Any effluent discharged from the area has met applicable 
effluent limitations and water quality standards for one year without 
needing additional treatment, or you have established a funding 
mechanism under Sec. 3809.552(c) to pay for long-term treatment, and any 
effluent discharged from the area has met applicable effluent 
limitations and water quality standards water for one year with or 
without treatment.



Sec. 3809.592  Does release of my financial guarantee relieve me of
all responsibility for my project area?

    (a) Release of your financial guarantee under this subpart does not 
release you (the mining claimant or operator) from responsibility for 
reclamation of your operations should reclamation fail to meet the 
standards of this subpart.
    (b) Any release of your financial guarantee under this subpart does 
not release or waive any claim BLM or other persons 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 regulations.



Sec. 3809.593  What happens to my financial guarantee if I transfer
my operations?

    You remain responsible for obligations or conditions created while 
you conducted operations unless a transferee accepts responsibility 
under Sec. 3809.116, and BLM accepts an adequate replacement financial 
guarantee. Therefore, your financial guarantee must remain in effect 
until BLM determines that you are no longer responsible for all or part 
of the operation. BLM can release your financial guarantee on an 
incremental basis. The new operator must provide a financial guarantee 
before BLM will allow the new operator to conduct operations.



Sec. 3809.594  What happens to my financial guarantee when my mining
claim or millsite is patented?

    (a) When your mining claim or millsite is patented, BLM will release 
the portion of the financial guarantee that applies to operations within 
the boundaries of the patented land. This paragraph does not apply to 
patents issued on mining claims within the boundaries of the California 
Desert Conservation Area.
    (b) BLM will release the remainder of the financial guarantee, 
including the portion covering approved access outside the boundaries of 
the mining claim, when you have completed reclamation to the standards 
of this subpart.

                    Forfeiture of Financial Guarantee



Sec. 3809.595  When may BLM initiate forfeiture of my financial
guarantee?

    BLM may initiate forfeiture of all or part of your financial 
guarantee for any project area or portion of a project area if--
    (a) You (the operator or mining claimant) refuse or are unable to 
conduct reclamation as provided in the reclamation measures incorporated 
into your notice or approved plan of operations or the regulations in 
this subpart;
    (b) You fail to meet the terms of your notice or your approved plan 
of operations; or
    (c) You default on any of the conditions under which you obtained 
the financial guarantee.



Sec. 3809.596  How does BLM initiate forfeiture of my financial 
guarantee?

    When BLM decides to require the forfeiture of all or part of your 
financial guarantee, BLM will notify you (the operator or mining 
claimant) by certified mail, return receipt requested; the surety on the 
financial guarantee, if any; and the State agency holding the financial 
guarantee, if any, informing you and them of the following:
    (a) BLM's decision to require the forfeiture of all or part of the 
financial guarantee;
    (b) The reasons for the forfeiture;
    (c) The amount that you will forfeit based on the estimated total 
cost of

[[Page 959]]

achieving the reclamation plan requirements for the project area or 
portion of the project area affected, including BLM's administrative 
costs; and
    (d) How you may avoid forfeiture, including--
    (1) Providing a written agreement under which you or another person 
will perform reclamation operations in accordance with a compliance 
schedule which meets the conditions of your notice or your approved plan 
of operations and the reclamation plan, and a demonstration that such 
other person has the ability to satisfy the conditions; and
    (2) Obtaining written permission from BLM for 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 your notice or approved plan of operations.



Sec. 3809.597  What if I do not comply with BLM's forfeiture decision?

    If you fail to meet the requirements of BLM's forfeiture decision 
provided under Sec. 3809.596, and you fail to appeal the forfeiture 
decision under Secs. 3809.800 to 3809.807, or the Interior Board of Land 
Appeals does not grant a stay under 43 CFR 4.321, or the decision 
appealed is affirmed, BLM will--
    (a) Immediately collect the forfeited amount as provided by 
applicable laws for the collection of defaulted financial guarantees, 
other debts, or State bond pools; and
    (b) 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 financial guarantee coverage applies.



Sec. 3809.598  What if the amount forfeited will not cover the cost
of reclamation?

    If the amount forfeited is insufficient to pay for the full cost of 
reclamation, the operators and mining claimants are liable for the 
remaining costs as set forth in Sec. 3809.116. BLM may complete or 
authorize completion of reclamation of the area covered by the financial 
guarantee and may recover from responsible persons all costs of 
reclamation in excess of the amount forfeited.

[66 FR 54862, Oct. 30, 2001]



Sec. 3809.599  What if the amount forfeited exceeds the cost of 
reclamation?

    If the amount of financial guarantee forfeited is more than the 
amount necessary to complete reclamation, BLM will return the unused 
funds within a reasonable amount of time to the party from whom they 
were collected.

                       Inspection and Enforcement



Sec. 3809.600  With what frequency will BLM inspect my operations?

    (a) At any time, BLM may inspect your operations, including all 
structures, equipment, workings, and uses located on the public lands. 
The inspection may include verification that your operations comply with 
this subpart. See Sec. 3715.7 of this title for special provisions 
governing inspection of the inside of structures used solely for 
residential purposes.
    (b) At least 4 times each year, BLM will inspect your operations if 
you use cyanide or other leachate or where there is significant 
potential for acid drainage.



Sec. 3809.601  What types of enforcement action may BLM take if I 
do not meet the requirements of this subpart?

    BLM may issue various types of enforcement orders, including the 
following:
    (a) Noncompliance order. If your operations do not comply with any 
provision of your notice, plan of operations, or requirement of this 
subpart, BLM may issue you a noncompliance order; and
    (b) Suspension orders. (1) BLM may order a suspension of all or any 
part of your operations after--
    (i) You fail to timely comply with a noncompliance order for a 
significant violation issued under paragraph (a) of this section. A 
significant violation is one that causes or may result in environmental 
or other harm or danger or that substantially deviates from the

[[Page 960]]

complete notice or approved plan of operations;
    (ii) BLM notifies you of its intent to issue a suspension order; and
    (iii) BLM provides you an opportunity for an informal hearing before 
the BLM State Director to object to a suspension.
    (2) BLM may order an immediate, temporary suspension of all or any 
part of your operations without issuing a noncompliance order, notifying 
you in advance, or providing you an opportunity for an informal hearing 
if--
    (i) You do not comply with any provision of your notice, plan of 
operations, or this subpart; and
    (ii) An immediate, temporary suspension is necessary to protect 
health, safety, or the environment from imminent danger or harm. BLM may 
presume that an immediate suspension is necessary if you conduct plan-
level operations without an approved plan of operations or conduct 
notice-level operations without submitting a complete notice.
    (3) BLM will terminate a suspension order under paragraph (b)(1) or 
(b)(2) of this section when BLM determines you have corrected the 
violation.
    (c) Contents of enforcement orders. Enforcement orders will 
specify--
    (1) How you are failing or have failed to comply with the 
requirements of this subpart;
    (2) The portions of your operations, if any, that you must cease or 
suspend;
    (3) The actions you must take to correct the noncompliance and the 
time, not to exceed 30 calendar days, within which you must start 
corrective action; and
    (4) The time within which you must complete corrective action.



Sec. 3809.602  Can BLM revoke my plan of operations or nullify
my notice?

    (a) BLM may revoke your plan of operations or nullify your notice 
upon finding that--
    (1) A violation exists of any provision of your notice, plan of 
operation, or this subpart, and you have failed to correct the violation 
within the time specified in the enforcement order issued under 
Sec. 3809.601; or
    (2) a pattern of violations exists at your operations.
    (b) The finding is not effective until BLM notifies you of its 
intent to revoke your plan or nullify your notice, and BLM provides you 
an opportunity for an informal hearing before the BLM State Director.
    (c) If BLM nullifies your notice or revokes your plan of operations, 
you must not conduct operations on the public lands in the project area, 
except for reclamation and other measures specified by BLM.



Sec. 3809.603  How does BLM serve me with an enforcement action?

    (a) BLM will serve a noncompliance order, a notification of intent 
to issue a suspension order, a suspension order, or other enforcement 
order on the person to whom it is directed or his or her designated 
agent, either by--
    (1) Sending a copy of the notification or order by certified mail or 
by hand to the operator or his or her designated agent, or by any means 
consistent with the rules governing service of a summons and complaint 
under rule 4 of the Federal Rules of Civil Procedure. Service is 
complete upon offer of the notification or order or of the certified 
mail and is not incomplete because of refusal to accept; or
    (2) Offering a copy at the project area to the designated agent or 
to the individual who, based upon reasonable inquiry, appears to be in 
charge. If no such individual can be located at the project area, BLM 
may offer a copy to any individual at the project area who appears to be 
an employee or agent of the person to whom the notification or order is 
issued. Service is complete when the notice or order is offered and is 
not incomplete because of refusal to accept. Following service at the 
project area, BLM will send an information copy by certified mail to the 
operator or the operator's designated agent.
    (b) BLM may serve a mining claimant in the same manner an operator 
is served under paragraph (a)(1) of this section.
    (c) The mining claimant or operator may designate an agent for 
service of notifications and orders. You must provide the designation in 
writing to the local BLM field office having jurisdiction over the lands 
involved.

[[Page 961]]



Sec. 3809.604  What happens if I do not comply with a BLM order?

    (a) If you do not comply with a BLM order issued under 
Secs. 3809.601 or 3809.602, 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 enforce its order, prevent 
you from conducting operations on the public lands in violation of this 
subpart, and collect damages resulting from unlawful acts. This relief 
may be in addition to the enforcement actions described in 
Secs. 3809.601 and 3809.602 and the penalties described in 
Sec. 3809.700.
    (b) If you fail to timely comply with a noncompliance order issued 
under Sec. 3809.601(a), and remain in noncompliance, BLM may order you 
to submit plans of operations under Sec. 3809.401 for current and future 
notice-level operations.

[65 FR 70112, Nov. 21, 2000, as amended at 66 FR 54862, Oct. 30, 2001]



Sec. 3809.605  What are prohibited acts under this subpart?

    Prohibited acts include, but are not limited to, the following:
    (a) Causing any unnecessary or undue degradation;
    (b) Beginning any operations, other than casual use, before you file 
a notice as required by Sec. 3809.21 or receive an approved plan of 
operations as required by Sec. 3809.412;
    (c) Conducting any operations outside the scope of your notice or 
approved plan of operations;
    (d) Beginning operations prior to providing a financial guarantee 
that meets the requirements of this subpart;
    (e) Failing to meet the requirements of this subpart when you stop 
conducting operations under a notice (Sec. 3809.334), when your notice 
expires (Sec. 3809.335), or when you stop conducting operations under an 
approved plan of operations (Sec. 3809.424);
    (f) Failing to comply with any applicable performance standards in 
Sec. 3809.420;
    (g) Failing to comply with any enforcement actions provided for in 
Sec. 3809.601; or
    (h) Abandoning any operation prior to complying with any reclamation 
required by this subpart or any order provided for in Sec. 3809.601.

                                Penalties



Sec. 3809.700  What criminal penalties apply to violations of this
subpart?

    The criminal penalties established by statute 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)). 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; and
    (b) Organizations. If an organization or corporation knowingly and 
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. 3809.701  What happens if I make false statements to BLM?

    Under Federal statute (18 U.S.C. 1001), 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 subject to a fine of not more than $250,000 or the alternative 
fine provided for in the applicable provisions of 18 U.S.C. 3571 or 
imprisonment for not more than 5 years, or both.

                                 Appeals



Sec. 3809.800  Who may appeal BLM decisions under this subpart?

    (a) A party adversely affected by a decision under this subpart may 
ask the State Director of the appropriate

[[Page 962]]

BLM State Office to review the decision.
    (b) An adversely affected party may bypass State Director review and 
directly appeal a BLM decision under this subpart to the Office of 
Hearings and Appeals (OHA) under part 4 of this title. See 
Sec. 3809.801.



Sec. 3809.801  When may I file an appeal of the BLM decision with OHA?

    (a) If you intend to appeal a BLM decision under this subpart, use 
the following table to see when you must file a notice of appeal with 
OHA:

------------------------------------------------------------------------
                                                      Then if you intend
                                                        to appeal, you
              If--                       And--        must file a notice
                                                        of appeal with
                                                             OHA--
------------------------------------------------------------------------
(1) You do not request State      ..................  Within 30 calendar
 Director review.                                      days after the
                                                       date you receive
                                                       the original
                                                       decision.
(2) You request State Director    The State Director  On the original
 review.                           does not accept     decision within
                                   your request for    30 calendar days
                                   review.             of the date you
                                                       receive the State
                                                       Director's
                                                       decision not to
                                                       review.
(3) You request State Director    The State Director  On the original
 review.                           has accepted your   decision before
                                   request for         the State
                                   review, but has     Director issues a
                                   not made a          decision.
                                   decision on the
                                   merits of the
                                   appeal.
(4) You request State Director    The State Director  On the State
 review.                           makes a decision    Director's
                                   on the merits of    decision within
                                   the appeal.         30 calendar days
                                                       of the date you
                                                       receive, or are
                                                       notified of, the
                                                       State Director's
                                                       decision.
------------------------------------------------------------------------

    (b) In order for OHA to consider your appeal of a decision, you must 
file a notice of appeal in writing with the BLM office where the 
decision was made.



Sec. 3809.802  What must I include in my appeal to OHA?

    (a) Your written appeal must contain:
    (1) Your name and address; and
    (2) The BLM serial number of the notice or plan of operations that 
is the subject of the appeal.
    (b) You must submit a statement of your reasons for the appeal and 
any arguments you wish to present that would justify reversal or 
modification of the decision within the time frame specified in part 4 
of this chapter (usually within 30 calendar days after filing your 
appeal).



Sec. 3809.803  Will the BLM decision go into effect during an appeal
to OHA?

    All decisions under this subpart go into effect immediately and 
remain in effect while appeals are pending before OHA unless OHA grants 
a stay under Sec. 4.21(b) of this title.



Sec. 3809.804  When may I ask the BLM State Director to review a BLM
decision?

    The State Director must receive your request for State Director 
review no later than 30 calendar days after you receive or are notified 
of the BLM decision you seek to have reviewed.



Sec. 3809.805  What must I send BLM to request State Director review?

    (a) Your request for State Director review must be a single package 
that

[[Page 963]]

includes a brief written statement explaining why BLM should change its 
decision and any documents that support your written statement. Mark 
your envelope ``State Director Review.'' You must also provide a 
telephone or fax number for the State Director to contact you.
    (b) When you submit your request for State Director review, you may 
also request a meeting with the State Director. The State Director will 
notify you as soon as possible if he or she can accommodate your meeting 
request.



Sec. 3809.806  Will the State Director review the original BLM decision
if I request State Director review?

    (a) The State Director may accept your request and review a decision 
made under this subpart. The State director will decide within 21 days 
of a timely filed request whether to accept your request and review the 
original BLM decision. If the State Director does not make a decision 
within 21 days on whether to accept your request for review, you should 
consider your request for State Director review declined, and you may 
appeal the original BLM decision to OHA.
    (b) The State Director will not begin a review and will end an 
ongoing review if you or another affected party files an appeal of the 
original BLM decision with OHA under section Sec. 3809.801 before the 
State Director issues a decision under this subpart, unless OHA agrees 
to defer consideration of the appeal pending a State Director decision.
    (c) If you file an appeal with OHA after requesting State Director 
review, you must notify the State Director who, after receiving your 
notice, may request OHA to defer considering the appeal.
    (d) If you fail to notify the State Director of your appeal to OHA, 
any decision issued by the State Director may be voided by a subsequent 
OHA decision.



Sec. 3809.807  What happens once the State Director agrees to my
request for a review of a decision?

    (a) The State Director will promptly send you a written decision, 
which may be based on any of the following:
    (1) The information you submit;
    (2) The original BLM decision and any information BLM relied on for 
that decision;
    (3) Any additional information, including information obtained from 
your meeting, if any, with the State Director.
    (b) Any decision issued by the State Director under this subpart may 
affirm the original BLM decision, reverse it completely, or modify it in 
part. The State Director's decision may incorporate any part of the 
original BLM decision.
    (c) If the original BLM decision was published in the Federal 
Register, the State Director will also publish his or her decision in 
the Federal Register.



Sec. 3809.808  How will decisions go into effect when I request State
Director review?

    (a) The original BLM decision remains in effect while State Director 
review is pending, except that the State Director may stay the decision 
during the pendency of his or her review.
    (b) The State Director's decision will be effective immediately and 
remain in effect, unless a stay is granted by OHA under Sec. 4.21 of 
this title.



Sec. 3809.809  May I appeal a decision made by the State Director?

    (a) An adversely affected party may appeal the State Director's 
decision to OHA under part 4 of this title, except that you may not 
appeal a denial of your request for State Director review or a denial of 
your request for a meeting with the State Director.
    (b) Once the State Director issues a decision under this subpart, it 
replaces the original BLM decision, which is no longer in effect, and 
you may appeal only the State Director's decision.

                         Public Visits to Mines



Sec. 3809.900  Will BLM allow the public to visit mines on public
lands?

    (a) If requested by any member of the public, BLM may sponsor and 
schedule a public visit to a mine on public land once each year. The 
purpose of the visit is to give the public an opportunity to view the 
mine site and associated facilities. Visits will include

[[Page 964]]

surface areas and surface facilities ordinarily made available to 
visitors on public tours. BLM will schedule visits during normal BLM 
business hours at the convenience of the operator to avoid disruption of 
operations.
    (b) Operators must allow the visit and must not exclude persons 
whose participation BLM authorizes. BLM may limit the size of a group 
for safety reasons. An operator's representative must accompany the 
group on the visit. Operators must make available any necessary safety 
training that they provide to other visitors. BLM will provide the 
necessary safety equipment if the operator is unable to do so.
    (c) Members of the public must provide their own transportation to 
the mine site, unless provided by BLM. Operators don't have to provide 
transportation within the project area, but if they don't, they must 
provide access for BLM-sponsored transportation.



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.
3811.2-9  Lands under Color of Title Act.

  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.
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,

[[Page 965]]

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, 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. 3811.2-9  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.

[[Page 966]]



  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 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 removal 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.

[[Page 967]]



   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 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

[[Page 968]]

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 
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.

[[Page 969]]



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 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 must be accompanied by the filing fee

[[Page 970]]

for application to open lands to location found in the fee schedule in 
Sec. 3000.12 of this chapter.

[35 FR 9744, June 13, 1970, as amended at 72 FR 50889, Sept. 5, 2007]



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 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 3825_Tohono O'Odham (Formerly Papago) Indian Reservation, 
                                 Arizona

3825.0-3  Authority.
3825.1  Mining locations in Tohono O'Odham Indian Reservation in 
          Arizona.

Subparts 3826-3827 [Reserved]

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201; 43 U.S.C. 1740; 62 
Stat. 162.



                       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 30 U.S.C. 28f-28k, as 
amended by the Act of November 5, 2001 (115 Stat. 414).

[67 FR 38206, June 3, 2002]



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.

[[Page 971]]

    (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 part 3833 of this chapter of this title and shall pay the 
applicable maintenance, location, and service fees required by parts 
3830 through 3839 of this chapter. 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 part 3833 of this chapter.

[59 FR 44857, Aug. 30, 1994, as amended at 68 FR 61064, Oct. 24, 2003]



Sec. 3821.3  Requirement for filing statement of assessment work.

    The owner of an unpatented mining claim, mill site, or tunnel site 
located on O and C lands may either:
    (a) Perform and record proof of annual assessment work if qualified 
as a small miner under part 3835 of this chapter; or
    (b) Pay an annual maintenance fee of $100 per unpatented mining 
claim, mill site, or tunnel site under part 3834 of this chapter.

[68 FR 61064, Oct. 24, 2003]



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]

[[Page 972]]



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.



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

[[Page 973]]

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 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 3825_Tohono O'Odham (Formerly 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 
Tohono O'Odham 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 Tohono O'Odham 
Indian Reservation.

[35 FR 9747, June 13, 1970, as amended at 62 FR 65378, Dec. 12, 1997]



Sec. 3825.1  Mining locations in Tohono O'Odham 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, 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 Tohono 
O'Odham 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 Tohono O'Odham 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

[[Page 974]]

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 Tohono O'Odham 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 Tohono O'Odham 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 Tohono 
O'Odham 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 Tohono O'Odham 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 Indians except under a permit from the Secretary of the 
Interior approved by the Tohono O'Odham 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 Tohono O'Odham 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, as amended at 62 FR 65378, Dec. 12, 1997]

Subparts 3826-3827 [Reserved]



PART 3830_LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS
OR SITES; GENERAL PROVISIONS--Table of Contents



                         Subpart A_Introduction

Sec.
3830.1  What is the purpose of parts 3830-3839?
3830.2  What is the scope of parts 3830-3839?
3830.3  Who may locate mining claims?
3830.5  Definitions.

                 Subpart B_Providing Information to BLM

3830.8  How will BLM use the information it collects and what does it 
          estimate the burden is on the public?
3830.9  What will happen if I record a document with BLM that I know 
          contains false, erroneous, or fictitious information or 
          statements?

                      Subpart C_Mining Law Minerals

3830.10  Locatable minerals.

[[Page 975]]

3830.11  Which minerals are locatable under the General Mining Law?
3830.12  What are the characteristics of a locatable mineral?

            Subpart D_BLM Service Charge and Fee Requirements

3830.20  Payment of service charges, location fees, initial maintenance 
          fees, annual maintenance fees, and oil shale fees.
3830.21  What are the different types of service charges and fees?
3830.22  Will BLM refund service charges or fees?
3830.23  What types of payment will BLM accept?
3830.24  How do I make payments?
3830.25  When do I pay for recording a new notice or certificate of 
          location for a mining claim or site?

           Subpart E_Failure To Comply With These Regulations

3830.90  Failure to comply with these regulations.
3830.91  What happens if I fail to comply with these regulations?
3830.92  What special provisions apply to oil placer mining claims?
3830.93  When are defects curable?
3830.94  How do I cure a defect in my compliance with parts 3830-3839?
3830.95  What if I pay only part of the service charges, location fees, 
          or first-year maintenance fees for newly-recorded claims or 
          sites?
3830.96  What if I pay only part of the service charges and fees for oil 
          shale claims or previously-recorded mining claims or sites?
3830.97  What if I pay only part of the service charges for a notice of 
          intent to locate mining claims on SRHA lands?

                            Subpart F_Appeals

3830.100  How do I appeal a final decision by BLM?

    Authority: 18 U.S.C 1001, 3571; 30 U.S.C. 22, 28, 28k, 242, 611; 31 
U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1740, 1744; 115 Stat. 
414; Pub. L. 112-74, 125 Stat. 786.

    Source: 68 FR 61064, Oct. 24, 2003, unless otherwise noted.



                         Subpart A_Introduction



Sec. 3830.1  What is the purpose of parts 3830-3839?

    In this part 3830, references to ``these regulations'' are 
references to parts 3830 through 3839 of this chapter.
    (a) These regulations describe the steps you, as a mining claimant, 
must take regarding mining claims or sites on the Federal lands under 
Federal law, to--
    (1) Locate (see part 3832 of this chapter);
    (2) Maintain (see parts 3834 through 3836 of this chapter);
    (3) Amend (see part 3833, subpart B, of this chapter); and
    (4) Transfer (see part 3833, subpart C, and part 3835, subpart B, of 
this chapter) mining claims or sites on the Federal lands under Federal 
law.
    (b) These regulations apply to--
    (1) Lode and placer mining claims (see part 3832, subpart B, of this 
chapter);
    (2) Mill sites (see part 3832, subpart C, of this chapter);
    (3) Tunnel sites (see part 3832, subpart D, of this chapter);
    (4) Oil shale claims (see Sec. 3830.92);
    (5) Location of uncommon varieties of mineral materials (see 
Sec. 3830.12(b));
    (6) Delinquent co-claimants (see part 3837 of this chapter); and
    (7) Mining claims and tunnel sites on Stockraising Homestead Act 
lands (see part 3838 of this chapter).
    (c) In addition to these regulations, there are State law 
requirements that apply to you. If any State law conflicts with the 
requirements in these regulations, you must still comply with these 
regulations. These regulations do not describe State law requirements.



Sec. 3830.2  What is the scope of these regulations?

    These regulations govern locating, recording, and maintaining mining 
claims, mill sites, and tunnel sites on all Federal lands. These 
regulations do not authorize locating any new mining claims on Federal 
lands closed to mineral entry, including units of the National Park 
Service.
    (a) You must follow the recording and maintenance requirements in 
this part even if BLM has actual knowledge of the existence of your 
mining claims or sites through other means.
    (b) Part 3838 of this chapter describes supplemental procedures for 
locating mining claims or sites on land subject to the Stockraising 
Homestead Act, 43 U.S.C. 291-299.

[[Page 976]]

    (c) BLM is not the official recording office for ancillary documents 
concerning mining claims or sites, including but not limited to, leases, 
wills, judgments, liens, option agreements, and grubstake contracts.



Sec. 3830.3  Who may locate mining claims?

    Persons qualified to locate mining claims or sites under this part 
include:
    (a) United States citizens who have reached the age of discretion 
under the law of their State of residence;
    (b) Legal immigrants who have filed an application for citizenship 
with the proper Federal agency;
    (c) Business entities organized under the laws of any state, 
including but not limited to corporations and partnerships; or
    (d) Duly constituted and appointed agents acting on behalf of 
locators qualified under paragraph (a), (b), or (c) of this section.



Sec. 3830.5  Definitions.

    Aliquot part means a legal subdivision of a section of a township 
and range, except fractional lots, by division into halves or quarters.
    Amendment means the act of making a change in a previously recorded 
mining claim or site as described in Sec. 3833.21 of this chapter.
    Annual FLPMA documents means either a notice of intent to hold, or 
an affidavit of assessment work, as prescribed in section 314(a) of 
FLPMA (43 U.S.C. 1744(a)). The term ``proof of labor'' (commonly used to 
describe this document) means the same as ``affidavit of assessment 
work'' as used in this part. See parts 3835 and 3836 of this chapter for 
further information.
    Assessment year means a period of 12 consecutive months beginning at 
12 noon on September 1 each year. See part 3836 of this chapter for 
further information.
    Bench placer claim means a placer mining claim located on terraces 
or former floodplains made of gravel or sediment or both on the valley 
wall or slope above the current riverbed, and created when the river 
previously was at a higher topographic level than now.
    BLM State Office means the Bureau of Land Management State Office 
listed in Sec. 1821.10 of this chapter having jurisdiction over the land 
in which the mining claims or sites are situated. The Northern District 
Office in Fairbanks may also receive and accept documents, filings, and 
fees for mining claims or sites in Alaska.
    Claimant means the person under state or Federal law who is the 
owner of all or any part of an unpatented mining claim or site.
    Closed to mineral entry means the land is not available for the 
location of mining claims or sites because Congress, BLM, or another 
surface managing agency has withdrawn or otherwise segregated the lands 
from the operation of the General Mining Law, often subject to valid 
existing rights.
    Control means actual control, legal control, or 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. BLM may determine, based on evidence that 
we find adequate, that a stockholder who is not an officer or director, 
or who is not a majority shareholder, of a company or corporation 
exercises control as defined in these regulations.
    Discovery means that a mining claimant has found a valuable mineral 
deposit.
    Federal lands means any lands or interest in lands owned by the 
United States, subject to location under the General Mining Law, 
including, but not limited to, those lands within forest reservations in 
the National Forest System and wildlife refuges in the National Wildlife 
Refuge System.
    Filed means a document is--
    (a) Received by BLM on or before the due date; or
    (b)(1) Postmarked or otherwise clearly identified as sent on or 
before the due date by a bona fide mail delivery service, and
    (2) Received by the appropriate BLM state office either:
    (i) Within 15 calendar days after the due date; or
    (ii) On the next business day after the 15th day, if the 15th day is 
not a business day (see subpart 1822 of this chapter).
    Final certificate means a form that BLM issues during its processing 
of a

[[Page 977]]

mineral patent application. (In 1999, BLM changed this form from two-
part form to a single form that BLM completes toward the end of the 
patenting process.) The form indicates that BLM has reviewed the mineral 
patent application and conducted a validity determination and concluded 
that the applicant has:
    (a) Met all of the paperwork requirements;
    (b) Published notice of the patent application and received no 
adverse claims;
    (c) Paid the purchase price; and
    (d) Discovered a valuable mineral deposit on mining claims or 
located mill sites on lands that are not mineral-in-character and are 
properly used or occupied.
    FLPMA means the Federal Land Policy and Management Act of 1976, as 
amended (43 U.S.C. 1701 et seq.).
    Forfeit or forfeiture means the voidance or invalidation of an 
unpatented mining claim or site. The terms ``abandoned and void'', 
``null and void,'' ``void ab initio'' and ``forfeited'' have the same 
effect in these regulations.
    General Mining Law means the Act of May 10, 1872, as amended, 
(codified as 30 U.S.C. 22-54).
    Gulch placer claim means a placer claim located on the bed of a 
river contained within steep, nonmineral canyon walls. The form of the 
river valley and nonmineral character of the valley walls preclude the 
location of the claim by aliquot parts and a metes and bounds 
description is necessary.
    Local recording office means the county or state government office 
established under state law where you are usually required to record all 
legal documents including, but not limited to, deeds and wills.
    Location fee means the one-time fee that 30 U.S.C. 28g requires you 
to pay for all new mining claims and sites at the time you record them 
with BLM. See Sec. 3830.21 for the table of fees.
    Maintenance fee means the initial or annual fee that 30 U.S.C. 28f 
requires you to pay to hold and maintain mining claims or sites. See 
Sec. 3830.21 for the table of fees.
    Metes and bounds means a method of describing a parcel of land that 
does not conform to the rectangular U.S. Public Land Survey System, 
using compass bearings and distances from a known point to a specified 
point on the parcel and then by using a continuous and sequential set of 
compass bearings and distances beginning at the point of beginning, 
continuing along and between the corners or boundary markers of the 
parcel's outer perimeter, until returning to the point of beginning.
    Mineral-in-character means land that is known, or can reasonably be 
inferred from the available geologic evidence, to contain:
    (a) Valuable minerals subject to location under the general mining 
law for purpose of locating mining claims or sites;
    (b) Mineral materials for purposes of disposal under part 3600 of 
this chapter.
    Mineral Leasing Acts means the Mineral Leasing Act of [February 25,] 
1920, as amended (30 U.S.C. 181 et seq.); the Geothermal Steam Act of 
1970, as amended (30 U.S.C. 1001 et seq.); the Mineral Leasing Act for 
Acquired Lands of 1947, as amended, (30 U.S.C. 351 et seq.); and 
including all Acts referenced in 30 U.S.C. 505. The definition pertains 
to all minerals that BLM administers under Groups 3100, 3200, 3400, and 
3500 of this chapter.
    Mineral materials means those materials that--
    (a) BLM may sell under the Mineral Materials Act of July 31, 1947 
(30 U.S.C. 601-604), as amended by the Surface Resources Act of 1955 (30 
U.S.C. 601, 603, and 611-615); and
    (b) BLM administers under part 3600 of this chapter.
    Multiple Mineral Development Act means the Act of August 13, 1954, 
as amended (30 U.S.C. 521-531).
    Nonmineral land means land that is not mineral-in-character.
    Open to mineral entry means that the land is open to the location of 
mining claims or sites under the General Mining Law.
    Patent means a document conveying title to Federal surface and/or 
minerals.
    Recording means the act of filing a notice or certificate of 
location with the local recording office and BLM, as required by FLPMA.
    Related party means:

[[Page 978]]

    (a) The spouse and dependent children of the claimant as defined in 
section 152 of the Internal Revenue Code of 1986; or
    (b) A person who controls, is controlled by, or is under common 
control with the claimant.
    Segregate or segregation means the Department of the Interior has 
closed the affected lands to mineral entry or withdrawn the affected 
lands from mining claim location, land transactions, or other uses as 
specified in a statute, regulation, or public land order affecting the 
land in question. The land remains segregated until the statutory period 
has expired, BLM ends the segregation under Sec. 2091.2-2 of this 
chapter, or the Department of the Interior removes the notation of 
segregation from its records, whichever occurs first.
    Service charge means an administrative fee that BLM assesses under 
this part to cover the cost of processing documents.
    Site means either an unpatented mill site authorized under 30 U.S.C. 
42 or a tunnel site authorized under 30 U.S.C. 27.
    Small miner means a claimant who, along with all related parties, 
holds no more than 10 mining claims or sites on Federal lands on the 
date annual maintenance fees are due, and meets the additional 
requirements of part 3835 of this chapter.
    Split estate lands means that lands where United States owns the 
mineral estate as part of the public domain, but not the surface.
    Surface Resources Act means the Act of July 23, 1955 (30 U.S.C. 601, 
603, and 611-615).
    Unpatented mining claim means a lode mining claim or a placer mining 
claim located and maintained under the General Mining Law for which BLM 
has not issued a mineral patent under 30 U.S.C. 29.



                 Subpart B_Providing Information to BLM



Sec. 3830.8  How will BLM use the information it collects and what
does it estimate the burden is on the public?

    (a) The Office of Management and Budget has approved the collections 
of information contained in parts 3830-3838 of this chapter under 44 
U.S.C. 3501 et seq. and has assigned clearance number 1004-0114.
    (b) BLM will use the information collected to:
    (1) Keep records of mining claims or sites;
    (2) Maintain ownership records to those mining claims or sites;
    (3) Determine the geographic location of the mining claims or sites 
recorded for proper land management purposes; and
    (4) Determine which mining claims or sites the claimant wishes to 
continue to hold under applicable Federal statutes.
    (c) BLM estimates that the public reporting burden for this 
information averages 8 minutes per response. This burden includes time 
for reviewing instructions, searching existing records, gathering and 
maintaining the data collected, and completing and reviewing the 
information collected.
    (d) Send any comments on information collection, including your 
views on the burden estimate and how to reduce the burden, to: the 
Information Collection Clearance Officer (WO-630), Bureau of Land 
Management, Eastern States Office, 7450 Boston Boulevard, Springfield, 
Virginia 22153; and the Office of Management and Budget, Paperwork 
Reduction Project, 1004-0114, Washington, D.C. 20503.



Sec. 3830.9  What will happen if I file a document with BLM that 
I know contains false, erroneous, or fictitious information 
or statements?

    If you file a document that you know contains false, erroneous, or 
fictitious information or statements, you may be subject to criminal 
penalties under 18 U.S.C. 1001 and 43 U.S.C. 1212. The maximum penalty 
is 5 years in prison and/or a fine of $250,000.

[[Page 979]]



                      Subpart C_Mining Law Minerals



Sec. 3830.10  Locatable minerals.



Sec. 3830.11  Which minerals are locatable under the General Mining
Law?

    Minerals are locatable if they are:
    (a) Subject to the General Mining Law;
    (b) Not leasable under the Mineral Leasing Acts; and
    (c) Not salable under the Mineral Materials Act of 1947 and Surface 
Resources Act of 1955, 30 U.S.C. 601-615 (see parts 3600 through 3620 of 
this chapter).



Sec. 3830.12  What are the characteristics of a locatable mineral?

    (a) Minerals are locatable if they meet the requirements in 
Sec. 3830.11 and are:
    (1) Recognized as a mineral by the scientific community; and
    (2) Found on Federal lands open to mineral entry.
    (b) Under the Surface Resources Act, certain varieties of mineral 
materials are locatable if they are uncommon because they possess a 
distinct and special value. As provided in McClarty v. Secretary of the 
Interior, 408 F.2d 907 (9th Cir. 1969), we determine whether mineral 
materials have a distinct and special value by:
    (1) Comparing the mineral deposit in question with other deposits of 
such minerals generally;
    (2) Determining whether the mineral deposit in question has a unique 
physical property;
    (3) Determining whether the unique property gives the deposit a 
distinct and special value;
    (4) Determining whether, if the special value is for uses to which 
ordinary varieties of the mineral are put, the deposit has some distinct 
and special value for such use; and
    (5) Determining whether the distinct and special value is reflected 
by the higher price that the material commands in the market place.
    (c) Block pumice having one dimension of 2 or more inches is an 
uncommon variety of mineral material under the Surface Resources Act, 
and is subject to location under the mining laws.
    (d) Limestone of chemical or metallurgical grade, or that is 
suitable for making cement, is subject to location under the mining 
laws.
    (e) Gypsum suitable for the manufacture of wall board or plaster, or 
uses requiring a high state of purity, is subject to location under the 
mining laws.



            Subpart D_BLM Service Charge and Fee Requirements



Sec. 3830.20  Payment of service charges, location fees, initial
maintenance fees, annual maintenance fees and oil shale fees.



Sec. 3830.21  What are the different types of service charges
and fees?

    The following table lists service charges, maintenance fees, 
location fees, and oil shale fees (all cross-references refer to this 
chapter):

------------------------------------------------------------------------
                                    Amount due per
           Transaction              mining claim or    Waiver available
                                         site
------------------------------------------------------------------------
(a) Recording a mining claim or    A total sum which  No.
 site location (part 3833).            includes:
                                    (1) The
                                  processing fee for
                                  notices of
                                  location found in
                                  the fee schedule
                                  in Sec. 3000.12
                                  of this chapter;
                                    (2) A one-time
                                  $37 location fee;
                                  and
                                    (3)(i) For lode
                                  claims, mill sites
                                  and tunnel sites,
                                  an initial $155
                                  maintenance fee;
                                  or
                                    (ii) For placer
                                  claims, an initial
                                  $155 maintenance
                                  fee for each 20
                                  acres of the
                                  placer claim or
                                  portion thereof.
(b) Amending a mining claim or    The processing fee  No.
 site location (Sec. 3833.20).    for amendment of
                                   location found in
                                   the fee schedule
                                   in Sec. 3000.12
                                   of this chapter.
(c) Transferring a mining claim   The processing fee  No.
 or site (Sec. 3833.30).          for transfer of
                                   mining claim/site
                                   found in the fee
                                   schedule in Sec.
                                   3000.12 of this
                                   chapter.

[[Page 980]]

 
(d) Maintaining a mining claim    (1) For lode        Yes. See part
 or site for one assessment year   claims, mill        3835.
 (part 3834).                      sites and tunnel
                                   sites, an annual
                                   maintenance fee
                                   of $155 must be
                                   paid on or before
                                   September 1 each
                                   year.
                                  (2) For placer
                                   claims, a $155
                                   annual
                                   maintenance fee
                                   for each 20 acres
                                   of the placer
                                   claim or portion
                                   thereof must be
                                   paid on or before
                                   September 1 each
                                   year.
(e) Recording an annual FLPMA     The processing fee  No.
 filing (Sec. 3835.30).           for recording an
                                   annual FLPMA
                                   filing found in
                                   the fee schedule
                                   in Sec. 3000.12
                                   of this chapter.
(f) Submitting a petition for     The processing fee  No.
 deferment of assessment work      for deferment of
 (Sec. 3836.20).                  assessment work
                                   found in the fee
                                   schedule in Sec.
                                   3000.12 of this
                                   chapter.
(g) Maintaining an oil shale      An annual $550 fee  No.
 placer mining claim (Sec.
 3834.11(b)).
(h) Recording a notice of intent  The filing fee for  No.
 to locate mining claims on        recording a
 Stockraising Homestead Act        notice of intent
 Lands (part 3838).                to locate mining
                                   claims on Stock
                                   Raising Homestead
                                   Act Lands found
                                   in the fee
                                   schedule in Sec.
                                   3000.12 of this
                                   chapter.
------------------------------------------------------------------------


[74 FR 30961, June 29, 2009, as amended at 77 FR 44158, July 27, 2012; 
79 FR 36664, June 30, 2014]



Sec. 3830.22  Will BLM refund service charges or fees?

    (a) BLM will not refund service charges, except for overpayments.
    (b) BLM will refund maintenance and location fees if:
    (1) At the time you or your predecessor in interest located the 
mining claim or site, the location was on land not open to mineral entry 
or otherwise not available for mining claim or site location; or
    (2) At the time you paid the fees, the mining claim or site was 
void.
    (c) BLM will apply maintenance and location fee overpayments to 
future years if you so request.



Sec. 3830.23  What types of payment will BLM accept?

    (a) BLM will accept the following types of payments:
    (1) U.S. currency;
    (2) Postal money order payable in U.S. dollars to the Department of 
the Interior--Bureau of Land Management;
    (3) Check or other negotiable instrument payable in U.S. dollars to 
the Department of the Interior--Bureau of Land Management;
    (4) Valid credit card that is acceptable to the BLM; or
    (5) An authorized debit from a declining deposit account with BLM.
    (i) You may maintain a declining deposit account with the BLM State 
Office where your mining claims or sites are recorded.
    (ii) BLM will deduct service charges and fees or add overpayments to 
the account only when you authorize us to do so.
    (b) If the issuing institution of your check, negotiable instrument, 
or credit card refuses to pay and it is not because the institution made 
a mistake, BLM will treat the service charges and fees as unpaid.



Sec. 3830.24  How do I make payments?

    (a) You or your representative may bring payments to the BLM State 
Office by close of business on or before the due date.
    (b) If you use a credit card--
    (1) On or before the due date, you must send or fax a written 
authorization, bearing your signature; or
    (2) You may authorize BLM to use your credit card by telephone if 
you can satisfactorily establish your identity.
    (c) You may send payments using a bona fide mail delivery service.
    (1) The payment must be postmarked or clearly identified by the mail 
delivery service as being sent on or before the due date; and
    (2) The BLM State Office must receive the payment no later than 15 
calendar days after the due date.

[[Page 981]]



Sec. 3830.25  When do I pay for recording a new notice or certificate
of location for a mining claim or site?

    You must pay the service charge, location fee, and initial 
maintenance fee, in full, as provided in Sec. 3830.21 of this chapter, 
at the time you record new notices or certificates of location with BLM.



           Subpart E_Failure To Comply With These Regulations



Sec. 3830.90  Failure to comply with these regulations.



Sec. 3830.91  What happens if I fail to comply with these regulations?

    (a) You will forfeit your mining claims or sites if you fail to--
    (1) Record a mining claim or site within 90 days after you locate 
it;
    (2) Pay the location fee or initial maintenance fee within 90 days 
after you locate it;
    (3) Pay the annual maintenance fee on or before the due date;
    (4) Submit a small miner waiver request on or before the due date 
(see Sec. 3835.1) and also fail to pay the annual maintenance fee on or 
before the due date;
    (5) List any claims or sites that you own on your small miner waiver 
request and fail to pay an annual maintenance fee for the missing claims 
or sites on or before the due date;
    (6) Cure any defects in your timely small miner waiver request or 
pay the maintenance fee within the allowed time after BLM notifies you 
of the defects;
    (7) File an annual FLPMA filing on or before the due date, as 
applicable; or
    (8) Submit missing documentation or a complete payment after BLM 
notifies you that a filing or payment you made was defective, within the 
time allowed in the BLM notice.
    (b) You will forfeit your mining claim or site if you locate your 
mining claim or site on lands closed to mineral entry at the time you 
locate it.
    (c) Even if you forfeit your mining claims or sites, you remain 
responsible for--
    (1) All reclamation and performance requirements imposed by subparts 
3802, 3809, or 3814 of this chapter; and
    (2) All other legal responsibilities imposed by other agencies or 
parties who have management authority over surface or subsurface 
operations.
    (d) Under the circumstances described in Secs. 3830.93 through 
3830.97, you may cure a failure to comply with these regulations.



Sec. 3830.92  What special provisions apply to oil placer mining 
claims?

    (a) Under 30 U.S.C. 188(f), you, as an oil placer mining claimant, 
may seek to convert an oil placer mining claim to a noncompetitive oil 
and gas lease under section 17(e) of the Mineral Leasing Act (30 U.S.C. 
226(e)), if:
    (1) BLM declared your oil placer mining claim abandoned and void 
under section 314 of FLPMA;
    (2) Your failure to comply with section 314 of FLPMA was 
inadvertent, justifiable, or not due to lack of reasonable diligence;
    (3) You or your predecessors in interest validly located the 
unpatented oil placer mining claim before February 25, 1920;
    (4) The claim has been or is currently producing or is capable of 
producing oil or gas; and
    (5) You have submitted a petition asking BLM to issue a 
noncompetitive oil and gas lease. Your petition must include the 
required rental and royalty payments, including back rental and royalty 
accruing from the statutory date of abandonment of the oil placer mining 
claim.
    (b) If BLM chooses to issue a noncompetitive oil and gas lease, the 
lease will be effective on the date that BLM declared your unpatented 
oil placer mining claim abandoned and void.



Sec. 3830.93  When are defects curable?

    (a) If there is a defect in your compliance with a statutory 
requirement, the defect is incurable if the statute does not give the 
Secretary authority to permit exceptions (see Secs. 3830.91 and 3833.91 
of this chapter). If your payment, recording, or filing has incurable 
defects, the affected mining claims or sites are statutorily forfeited.
    (b) If there is a defect in your compliance with a regulatory, but 
not statutory, requirement, the defect is curable. You may correct 
curable defects

[[Page 982]]

when BLM gives you notice. If you fail to cure the defect within the 
time BLM allows, you will forfeit your mining claims or sites.

[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]



Sec. 3830.94  How may I cure a defect in my compliance with these 
regulations?

    (a)(1) When BLM determines that you have filed any document that is 
defective or underpaid a fee or service charge, BLM will send a notice 
to you by certified mail-return receipt requested at the address you 
gave on:
    (i) Your notice or certificate of location;
    (ii) An address correction you have filed with BLM; or
    (iii) A valid transfer document filed with BLM.
    (2) The notice provided for in paragraph (a)(1) of this section 
constitutes legal service even if you do not actually receive the notice 
or decision. See Sec. 1810.2 of this chapter.
    (b) If you have filed any defective document other than a defective 
fee waiver request, you must cure the defects within 30 days of 
receiving BLM's notification of the defects.
    (c) If you have submitted a defective fee waiver request, you must 
cure the defects or pay the annual maintenance fees within 60 days of 
receiving BLM's notification of the defects.
    (d) If BLM does not receive the requested information in the time 
allowed, or if the matter is statutorily not curable, you will receive a 
final decision from BLM that you forfeited the affected mining claims or 
sites.



Sec. 3830.95  What if I pay only part of the service charges, 
location fees, or first year maintenance fees for newly-recorded
claims or sites?

    (a) If you pay only part of the service charges, maintenance fees, 
or location fees when recording new claims or sites, BLM will--
    (1) Assign serial numbers to each mining claim or site;
    (2) Treat the partial payment as payment of location and maintenance 
fees and apply the partial payment to the mining claims or sites in 
serial number order until the money runs out; and
    (3) Send a notice to you that you must pay any outstanding service 
charges as described in Sec. 3830.94. For example, BLM will apply the 
money to cover the location and maintenance fees for as many mining 
claims or sites as possible. BLM will return any remaining certificates 
or notices for which we cannot apply full payment of location and 
maintenance fees. BLM will apply any remaining funds as service charges 
in serial number order until the money runs out. BLM will then notify 
you if you must pay any outstanding service charges for mining claims or 
sites for which you paid location and maintenance fees, as provided in 
Sec. 3830.94.
    (b) If you want to resubmit the new location notices or certificates 
that BLM returned to you, you must do so with the complete service 
charges, location fees and maintenance fees within 90 days of the 
original date of location of the claim or site as defined under state 
law, or you will forfeit the affected mining claims or sites.
    (c) BLM will not record your mining claims or sites until you pay 
the full amount of all charges and fees for those claims or sites.



Sec. 3830.96  What if I pay only part of the service charges and fees
for oil shale claims or previously-recorded mining claims or sites?

    (a) If you pay only part of the service charges due for any document 
filings or only part of the annual maintenance fees, or oil shale fees, 
for previously-recorded mining claims or sites, or any combination of 
these fees and charges, absent other instructions from you, BLM will 
apply the partial payment in serial number order until the money runs 
out.
    (b) For any claims or sites for which there are no funds in your 
partial payment to pay the maintenance fees, oil shale fees, or location 
fees, you will forfeit the mining claims or sites not covered by your 
partial payment unless you submit the additional funds necessary to 
complete the full payment by the due date.
    (c) For any claims or sites for which there are no funds in your 
partial payment to pay the service charges, BLM will send a notice to 
you that you must

[[Page 983]]

pay the outstanding service charges as described in Sec. 3830.94.



Sec. 3830.97  What if I pay only part of the service charges for
a notice of intent to locate mining claims on SRHA lands?

    For notices of intent to locate mining claims (NOITL) under the 
Stockraising Homestead Act (see part 3838 of this chapter for 
information regarding the Stockraising Homestead Act and NOITLs), BLM 
will not accept a NOITL unless we receive your payment of the required 
service charges. BLM will return the NOITL to you without taking any 
further action. See Sec. 3830.21 of this part for the amount of the 
service charge for a NOITL.



                            Subpart F_Appeals



Sec. 3830.100  How do I appeal a final decision by BLM?

    If you are adversely affected by a BLM decision under parts 3830-
3839, you may appeal the decision in accordance with parts 4 and 1840 of 
this title.

 PART 3831_MINERAL LANDS AVAILABLE FOR LOCATING MINING CLAIMS OR SITES 
                               [RESERVED]



PART 3832_LOCATING MINING CLAIMS OR SITES--Table of Contents



                Subpart A_Locating Mining Claims or Sites

Sec.
3832.1  What does it mean to locate mining claims or sites?
3832.10  Procedures for locating mining claims or sites.
3832.11  How do I locate mining claims or sites?
3832.12  When I record a mining claim or site, how do I describe the 
          lands I have claimed?

                    Subpart B_Types of Mining Claims

3832.20  Lode and placer mining claims.
3832.21  How do I locate a lode or placer mining claim?
3832.22  How much land may I include in my mining claim?

                          Subpart C_Mill Sites

3832.30  Mill sites.
3832.31  What is a mill site?
3832.32  How much land may I include in my mill site?
3832.33  How do I locate a mill site?
3832.34  How may I use my mill site?

                         Subpart D_Tunnel Sites

3832.40  Tunnel sites.
3832.41  What is a tunnel site?
3832.42  How do I locate a tunnel site?
3832.43  How may I use a tunnel site?
3832.44  What rights do I have to minerals within my tunnel site?
3832.45  How do I obtain any minerals that I discover within my tunnel 
          site?

                      Subpart E_Defective Locations

3832.90  Defects in the location of mining claims and sites.
3832.91  How do I amend a mining claim or site location if it exceeds 
          the size limitations?

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 2, 1201, 1457, 1740, 
1744.

    Source: 68 FR 61069, Oct. 24, 2003, unless otherwise noted.



                Subpart A_Locating Mining Claims or Sites



Sec. 3832.1  What does it mean to locate mining claims or sites?

    (a) Locating a mining claim or site means:
    (1) Establishing the exterior lines of a mining claim or site on 
lands open to mineral entry to identify the exact land claimed; and
    (2) Recording a notice or certificate of location as required by 
state and Federal law and by this part.
    (b) You will find--
    (1) Location requirements in this part;
    (2) Recording requirements in part 3833 of this chapter;
    (3) Requirements for transferring an interest in a mining claim or 
site in Sec. 3833.30 of this chapter; and
    (4) Annual fee requirements for mining claims and sites in parts 
3834, 3835, and 3836 of this chapter.



Sec. 3832.10  Procedures for locating mining claims or sites.



Sec. 3832.11  How do I locate mining claims or sites?

    (a) You must follow both state and Federal law.

[[Page 984]]

    (b) Your lode or placer claim is not valid until you make a 
discovery within the boundaries of the claim.
    (c) To locate a claim or site, you must--
    (1) Make certain that the land on which you are locating the claim 
or site is Federal land that is open to mineral entry
    (2) Stake and monument the corners of a mining claim or site which 
meets applicable state monumenting requirements and the size limitations 
described in Sec. 3832.22 for lode and placer claims, Sec. 3832.32 for 
mill sites, and Sec. 3832.42 for tunnel sites;
    (3) Post the notice of location in a conspicuous place on the claim 
or site. The notice must include:
    (i) The name or names of the locators;
    (ii) The date of the location; and
    (iii) A description of the claim or site;
    (iv) The name or number of the claim or site, or both, if the claim 
or site has both;
    (4) Record the notice or certificate of location in the local 
recording office and the BLM State Office with jurisdiction according to 
the procedures in part 3833;
    (5) Follow all other relevant state law requirements; and
    (6) Comply with the specific requirements for lode claims, placer 
claims, mill sites, or tunnel sites in this part.



Sec. 3832.12  When I record a mining claim or site, how do I describe
the lands I have claimed?

    (a) General requirements. (1) All claims and sites. You must 
describe the land by state, meridian, township, range, section and by 
aliquot part to the quarter section. To obtain the land description, you 
must use an official survey plat or other U.S. Government map that is 
based on the surveyed or protracted U.S. Public Land Survey System. If 
you cannot describe the land by aliquot part (e.g., the land is 
unsurveyed), you must provide a metes and bounds description that fixes 
the position of the claim corners with respect to a specified claim 
corner, discovery monument, or official survey monument. In all cases, 
your description of the land must be as compact and regular in form as 
reasonably possible and should conform to the U.S. Public Land Survey 
System and its rectangular subdivisions as much as possible; and
    (2)(i) You must file either--
    (A) A topographical map published by the U.S. Geological Survey with 
a depiction of the claim or site; or
    (B) A narrative or sketch describing the claim or site and tying the 
description to a natural object, permanent monument or topographic, 
hydrographic, or man-made feature.
    (ii) You must show on a map or sketch the boundaries and position of 
the individual claim or site by aliquot part within the quarter section 
accurately enough for BLM to identify the mining claims or sites on the 
ground.
    (iii) You may show more than one claim or site on a single map or 
describe more than one claim or site in a single sketch--
    (A) If they are located in the same general area; and
    (B) If the individual mining claims or sites are clearly identified.
    (iv) You are not required to employ a professional surveyor or 
engineer to establish the location's position on the ground.
    (b) Lode claims. You must describe lode claims by metes and bounds 
beginning at the discovery point on the claim and include a tie to 
natural objects or permanent monuments including:
    (1) Township and section survey monuments;
    (2) Official U.S. mineral survey monuments;
    (3) Monuments of the National Geodetic Reference System;
    (4) The confluence of streams or point of intersection of well-known 
gulches, ravines, or roads, prominent buttes, and hills; or
    (5) Adjoining claims or sites.
    (c) Placer claims. (1) You must describe placer claims by aliquot 
part and complete lots using the U.S. Public Land Survey System and its 
rectangular subdivisions except when placer claims are--
    (i) On unsurveyed Federal lands;
    (ii) Gulch or bench placer claims; or
    (iii) Bounded by other mining claims or nonmineral lands.

[[Page 985]]

    (2) For placer mining claims that are on unsurveyed Federal lands or 
are gulch or bench placer claims:
    (i) You must describe the lands by protracted survey if the BLM has 
a protracted survey of record; or
    (ii) You may describe the lands by metes and bounds, if a protracted 
survey is not available or if the land is not amenable to protraction.
    (3) If you are describing an association placer claim by metes and 
bounds, you must meet the following requirements, according to the 
number of persons in your association, as described in Snow Flake 
Fraction Placer, 37 Pub. Lands Dec. 250 (1908), in order to keep your 
claim in compact form and not split Federal lands into narrow, long or 
irregular shapes:
    (i) A location by 1 or 2 persons must fit within the exterior 
boundaries of a square 40-acre parcel;
    (ii) A location by 3 or 4 persons must fit within the exterior 
boundaries of 2 square 40-acre contiguous parcels;
    (iii) A location by 5 or 6 persons must fit within the exterior 
boundaries of 3 square contiguous 40-acre parcels; and
    (iv) A location by 7 or 8 persons must fit within the exterior 
boundaries of 4 square contiguous 40-acre parcels.



                    Subpart B_Types of Mining Claims



Sec. 3832.20  Lode and placer mining claims.



Sec. 3832.21  How do I locate a lode or placer mining claim?

    (a) Lode claims. (1) Your lode claim is not valid until you have 
made a discovery.
    (2) Locating a lode claim. You may locate a lode claim for a mineral 
that:
    (i) Occurs as veins, lodes, ledges, or other rock in place;
    (ii) Contains base and precious metals, gems and semi-precious 
stones, and certain industrial minerals, including but not limited to 
gold, silver, cinnabar, lead, tin, copper, zinc, fluorite, barite, or 
other valuable deposits; and
    (iii) Does not occur as bedded rock (stratiform deposits such as 
gypsum or limestone) or is not a deposit of placer, alluvial (deposited 
by water), eluvial (deposited by wind), colluvial (deposited by 
gravity), or aqueous origin.
    (3) Establishing extralateral rights. If the minerals are contained 
within a vein, lode, or ledge and the vein, lode, or ledge extends 
through the endlines of your lode claim, you have extra-lateral rights 
to pursue the down-dip extension of the vein, lode, or ledge to the 
point where the vein, lode, or ledge intersects a vertical plain 
projected parallel to the end lines and outside the sideline boundaries 
of your lode claim if--
    (i) The top or apex of the vein, lode, or ledge lies on or under the 
surface within the interior boundaries of the lode claim; and
    (ii) The long axis, and therefore the side lines, of the lode claim 
are substantially parallel to the course of the vein, lode, or ledge.
    (4) Preserving extralateral rights. In order to preserve your 
extralateral rights, you should determine, if possible, the general 
course of the vein in either direction from the point of discovery in 
order to mark the correct boundaries of the claim. You should expose the 
vein, lode, or ledge by--
    (i) Tracing the vein or lode on the surface; or
    (ii) Drilling a hole, sinking a shaft, or running a tunnel or drift 
to a sufficient depth.
    (b) Placer claims. (1) Your placer claim is not valid until you have 
made a discovery.
    (2) Each 10-acre aliquot part of your placer claim must be mineral-
in-character.
    (3) You may locate a placer claim for minerals that are--
    (i) River sands or gravels bearing gold or valuable detrital 
minerals;
    (ii) Hosted in soils, alluvium (deposited by water), eluvium 
(deposited by wind), colluvium (deposited by gravity), talus, or other 
rock not in its original place;
    (iii) Bedded gypsum, limestone, cinders, pumice, and similar mineral 
deposits; or
    (iv) Mineral-bearing brine (water saturated or strongly impregnated 
with salts and containing ancillary locatable minerals) not subject to 
the mineral leasing acts where a mineral subject to the General Mining 
Law can

[[Page 986]]

be extracted as the primary valuable mineral.
    (4) Building stone deposits must by law be located as placer mining 
claims (30 U.S.C. 161). If you have located a building stone placer 
claim, the lands on which you located the claim must be chiefly valuable 
for mining building stone.



Sec. 3832.22  How much land may I include in my mining claim?

    (a) Lode claims. Lode claims must not exceed 1,500 by 600 feet. If 
there is a vein, lode, or ledge, each lode claim is limited to a maximum 
of 1,500 feet along the course of the vein, lode, or ledge and a maximum 
of 300 feet in width on each side of the middle of the vein, lode, or 
ledge.
    (b) Placer claims. (1) An individual placer claim may not exceed 20 
acres in size.
    (2) An association placer claim may not exceed 160 acres. Within the 
association, each person or business entity may locate up to 20 acres. 
To obtain the full 160 acres, the association must consist of at least 
eight co-locators. You may locate smaller association claims. Thus, 
three co-locators may jointly locate an association placer claim no 
larger than 60 acres. You may not use the names of other persons as 
dummy locators (fictitious locators) to locate an association placer 
claim for your own benefit.



                          Subpart C_Mill Sites



Sec. 3832.30  Mill sites.



Sec. 3832.31  What is a mill site?

    A mill site is a location of nonmineral land not contiguous to a 
vein or lode that you can use for activities reasonably incident to 
mineral development on, or production from, the unpatented or patented 
lode or placer claim with which it is associated.
    (a) A dependent mill site is used for activities that support a 
particular patented or unpatented lode or placer mining claim or group 
of mining claims.
    (b) An independent or custom mill site--
    (1) Is not dependent on a particular mining claim but provides 
milling or reduction processing for nearby lode mines or a lode mining 
district;
    (2) Is used to mill, process, and reduce either--
    (i) Ores for other miners on a contractual basis; or
    (ii) Ores that are purchased by the independent or custom mill site 
owner.
    (3) You may not have a custom or independent mill site for 
processing materials from placer mining claims.



Sec. 3832.32  How much land may I include in my mill site?

    The maximum size of an individual mill site is 5 acres. You may 
locate more than one mill site per mining claim if you use each site for 
at least one of the purposes described in Sec. 3832.34 of this part. You 
may locate only that amount of mill site acreage that is reasonably 
necessary to be used or occupied for efficient and reasonably compact 
mining or milling operations.



Sec. 3832.33  How do I locate a mill site?

    (a) You may locate a mill site in the same manner as a lode or 
placer mining claim, except that--
    (1) It must be on land that is not mineral-in-character; and
    (2) You must use or occupy each two and a half acre portion of a 
mill site in order for that portion of the mill site to be valid.
    (b) If the United States does not own the surface estate of a 
particular parcel of land, you may not locate a mill site on that land 
under the General Mining Law or the Stockraising Homestead Act (see part 
3838 of this chapter).



Sec. 3832.34  How may I use my mill site?

    (a) Upon obtaining authorization under the surface management 
regulations of the surface managing agency, you may use and occupy 
dependent mill sites for:
    (1) Placement of grinding, crushing, or milling facilities (such as 
rod and ball mills, cone crushers, and floatation cells) and reduction 
facilities (such as smelting, electro-winning, roasters, autoclaves, and 
leachate recovery);
    (2) Mine administrative and support buildings, warehouses and 
maintenance buildings, electrical plants and substations;

[[Page 987]]

    (3) Tailings ponds and leach pads;
    (4) Rock and soil dumps;
    (5) Water and process treatment plants; and
    (6) Any other use that is reasonably incident to mine development 
and operation, except for uses exclusively supporting reclamation or 
mine closure.
    (b) Upon obtaining authorization under the surface management 
regulations of the surface managing agency, you may use and occupy 
independent mill sites for processing metallic minerals from lode claims 
using:
    (1) Quartz or stamp mills; or
    (2) Reduction works, including placement of grinding, crushing, or 
milling facilities (such as rod and ball mills, cone crushers, and 
floatation cells), reduction facilities (such as smelting, electro-
winning, roasters, autoclaves, and leachate recovery), tailings ponds, 
and leach pads.



                         Subpart D_Tunnel Sites



Sec. 3832.40  Tunnel sites.



Sec. 3832.41  What is a tunnel site?

    A tunnel site is a subsurface right-of-way under Federal land open 
to mineral entry. It is used for access to lode mining claims or to 
explore for blind or undiscovered veins, lodes, or ledges not currently 
claimed or known to exist on the surface.



Sec. 3832.42  How do I locate a tunnel site?

    You may locate a tunnel site by:
    (a) Erecting a substantial post, board, or monument at the face of 
the tunnel, which is the point where the tunnel enters cover;
    (b) Placing a location notice or certificate on the post, board, or 
monument that includes:
    (1) The names of the claimants;
    (2) The actual or proposed course or direction of the tunnel;
    (3) The height and width of the tunnel; and
    (4) The course and distance from the face or starting point to some 
permanent well-known natural objects or permanent monuments, in the same 
manner as required to describe a lode claim (see Sec. 3832.12(a) and 
(b)); and
    (c) Placing stakes or monuments on the surface along the boundary 
lines of the tunnel at proper intervals as required under state law from 
the face of the tunnel for 3,000 feet or to the end of the tunnel, 
whichever is shorter.

[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]



Sec. 3832.43  How may I use a tunnel site?

    You may use the tunnel site for subsurface access to a lode claim or 
to explore for and acquire previously unknown lodes, veins, or ledges 
within the confines of the tunnel site.



Sec. 3832.44  What rights do I have to minerals within my tunnel site?

    (a) If you located your tunnel site in good faith, you may acquire 
the right to any blind veins, ledges, or lodes cut, discovered, or 
intersected by your tunnel, by locating a lode claim, if they--
    (1) Are located within a radius of 1,500 feet from the tunnel axis; 
and
    (2) Were not previously known to exist on the surface and within the 
limits of your tunnel.
    (b) Your site is protected from other parties making locations of 
lodes within the sidelines of the tunnel and within the 3,000-foot 
length of the tunnel, unless such lodes appear upon the surface or were 
previously known to exist.
    (c) You must diligently work on the tunnel site. If you cease 
working on it for more than 6 consecutive months, you will lose your 
right to possess all unknown, undiscovered veins, lodes, or ledges that 
your tunnel may intersect.



Sec. 3832.45  How do I obtain any minerals that I discover within my 
tunnel site?

    (a) Even if you have located the tunnel site, you must separately 
locate a lode claim to acquire the possessory right to a blind vein, 
lode, or ledge you have discovered within the boundaries of the tunnel 
site sidelines.
    (b) The date of location of your lode claim is retroactive to the 
date of location of your tunnel site.

[[Page 988]]



                      Subpart E_Defective Locations



Sec. 3832.90  Defects in the location of mining claims and sites.



Sec. 3832.91  How do I amend a mining claim or site location if it
exceeds the size limitations?

    (a) You may correct defects in your location of a mining claim, mill 
site, or tunnel site by filing an amended notice of location (see 
Sec. 3833.20 of this chapter on conditions allowing amendments and how 
to record them.)
    (b) For placer claims or mill sites that you located using an 
irregular survey or lotting of irregular sections, you may use the 
``Rule of Approximation'' to determine allowable acreage. The Rule of 
Approximation applies only to surveyed public lands. It was developed to 
determine maximum allowable acreage for land entries (placer claims in 
this part) where the excess acreage is less than the difference would be 
if the smallest legal subdivision is excluded from the location or 
entry. In no case may you use the rule to obtain more acreage than 
allowed under the applicable law. (See Henry C. Tingley, 8 Pub. Lands 
Dec. 205 (1889)).



PART 3833_RECORDING MINING CLAIMS AND SITES--Table of Contents



                       Subpart A_Recording Process

Sec.
3833.1  Why must I record mining claims and sites?
3833.10  Procedures for recording mining claims and sites.
3833.11  How do I record mining claims and sites?

               Subpart B_Amending Mining Claims and Sites

3833.20  Amending mining claims and sites.
3833.21  When may I amend a notice or certificate of location?
3833.22  How do I amend my location?

                 Subpart C_Filing Transfers of Interest

3833.30  Filing transfers of interest in mining claims or sites.
3833.31  What is a transfer of interest?
3833.32  How do I transfer a mining claim or site?
3833.33  How may I transfer, sell, or otherwise convey an association 
          placer mining claim?

                       Subpart D_Defective Filings

3833.90  Defects in recordings or filings for mining claims and sites.
3833.91  What defects cannot be cured under this part?
3833.92  What happens if I do not file a transfer of interest?

    Authority: 30 U.S.C. 22 et seq., 621-625; 43 U.S.C. 2, 1201, 1457, 
1701 et seq.; 62 Stat. 162; 115 Stat. 414.

    Source: 68 FR 61071, Oct. 24, 2003, unless otherwise noted.



                       Subpart A_Recording Process



Sec. 3833.1  Why must I record mining claims and sites?

    FLPMA requires you to record all mining claims and sites with BLM 
and the local recording office in order to maintain a mining claim or 
site under the General Mining Law.
    (a) If you fail to record a mining claim or site with the BLM and 
the local recording office by the 90th day after the date of location, 
it is abandoned and void by operation of law.
    (b) Recording a mining claim or site, filing any other documents 
with BLM, or paying fees or service charges, as this part requires, does 
not make a claim or site valid if it not otherwise valid under 
applicable law.



Sec. 3833.10  Procedures for recording mining claims and sites.



Sec. 3833.11  How do I record mining claims and sites?

    (a) You must record in the proper BLM State Office a copy of the 
notice of certificate of location that you recordedor will record in the 
local recording office by the 90th day after the date of location. If 
there is no recording requirement under state law (as in Arkansas), you 
still must record a document with BLM and the local recording office 
that contains the information required by this part.
    (b) Your notice or certificate of location must include:
    (1) The name or number, or both, of the claim or site;
    (2) The names and current mailing addresses of the locators of the 
claim;
    (3) The type of claim or site;
    (4) The date of location; and

[[Page 989]]

    (5) A complete description of the lands you have claimed as required 
in part 3832 of this chapter.
    (c) When you record a notice or certificate of location, you must 
pay a processing fee, location fee, and initial maintenance fee as 
provided in Sec. 3830.21 of this chapter.
    (d) When you record a mining claim or site under this part, you 
still must comply with any other separate recording requirements 
existing under other Federal law. However, notices or certificates of 
location that you mark as being recorded under the Act of April 8, 1948, 
or the Act of August 11, 1955, satisfy the additional filing 
requirements of those Acts under subpart 3821 of this chapter for Oregon 
and California Revested Wagon Road Grant Lands (O & C Lands) and part 
3730 of this chapter for Powersite Withdrawals.

[68 FR 61071, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005]



               Subpart B_Amending Mining Claims and Sites



Sec. 3833.20  Amending mining claims and sites.



Sec. 3833.21  When may I amend a notice or certificate of location?

    (a) You may amend a notice or certificate of location if--
    (1) BLM recognizes the original location as a properly recorded and 
maintained mining claim or site; and
    (2) There are omissions or other defects in the original notice or 
certificate of location that you need to correct or clarify; or
    (3) You need to correct the legal land description of the claim or 
site, the mining claim name, or accurately describe the position of 
discovery or boundary monuments or similar items; or
    (4) You need to reposition the sidelines of your lode claim so that 
they are parallel to the discovered lode, ledge, or vein, if there are 
no intervening rights to the land; or
    (5) You are reducing the size of the mining claim or site.
    (b) You may not amend a notice or certificate of location to--
    (1) Transfer any interest or add owners;
    (2) Relocate or re-establish mining claims or sites you previously 
forfeited or BLM declared void for any reason;
    (3) Change the type of claim or site; or
    (4) Enlarge the size of the mining claim or site.
    (c) You may not amend legal descriptions of mining claims or sites 
after the land is closed to mineral entry, unless--
    (1) You are reducing the size of the mining claim or site;
    (2) You need to correct or clarify defects or omissions in the 
original notice or certificate of location;
    (3) You need to correct the legal land description of the claim or 
site, the mining claim name; or
    (4) You need to submit an accurate description of the position of 
discovery or boundary monuments or similar items.



Sec. 3833.22  How do I amend my location?

    (a) You must record an amended location certificate or notice with 
BLM within 90 days after you record the amended notice or certificate in 
the local recording office. BLM will not recognize any amendment to your 
mining claim until you file it properly.
    (b) You must pay a processing fee for each claim or site you amend. 
See the table of fees and service charges in Sec. 3830.21 of this 
chapter.
    (c) An amended location notice or certificate relates back to the 
original location date. The amendment takes effect when you record it 
with the local recording office under state law or such other time as 
provided by state law.

[68 FR 61071, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005]



                 Subpart C_Filing Transfers of Interest



Sec. 3833.30  Filing transfers of interest in mining claims or sites.



Sec. 3833.31  What is a transfer of interest?

    A transfer of interest is a sale, assignment, transfer through 
inheritance, or conveyance of total or partial ownership or legal 
interest in a mining claim or site.

[[Page 990]]



Sec. 3833.32  How do I transfer a mining claim or site?

    (a) State law governs transferring mining claims or sites. A 
transfer is effective in the manner and on the date provided by state 
law, not the date you file it with BLM.
    (b) You must file in the BLM State Office a notice of the transfer 
that includes:
    (1) The name and, if available, the serial number BLM assigned to 
the claim or site when the notice or certificate of location was 
originally recorded (the person who transferred you ownership or legal 
interest should have this number);
    (2) Your name and current mailing address; and
    (3) A copy of the legal instrument or document that you used to 
transfer the interest in the claim or site under state law.
    (c) For each mining claim or site transferred, each transferee must 
pay the full processing fee specified in the table of service charges 
and fees in Sec. 3830.21 of this chapter.
    (d) BLM will notify the claimant of record with BLM of any action it 
takes regarding a mining claim or site. If BLM is required by law to 
give a claimant notice of any new legal requirements, BLM has properly 
given notice by sending the notice to the claimant of record with BLM.

[68 FR 61071, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005]



Sec. 3833.33  How may I transfer, sell, or otherwise convey an 
association placer mining claim?

    You may transfer, sell, or otherwise convey an association placer 
mining claim at any time to an equal or greater number of mining 
claimants. If you want to transfer an association placer claim to an 
individual or an association that is smaller in number than the 
association that located the claim, you--
    (a) Must have discovered a valuable mineral deposit before the 
transfer; or
    (b) Upon notice from BLM, you must reduce the acreage of the claim, 
if necessary, so that you meet the 20-acre per locator limit.



                       Subpart D_Defective Filings



Sec. 3833.90  Defects in recordings or filings for mining claims
and sites.



Sec. 3833.91  What defects cannot be cured under this part?

    Defects or other problems that cannot be cured and therefore result 
in forfeiture of your mining claims or sites are:
    (a) Failing to record a mining claim or site within 90 days after 
you locate it;
    (b) Failing to pay the location fee or initial maintenance fee 
within 90 days after you locate it; and
    (c) Locating a mining claim or site on lands withdrawn from mineral 
entry at the time you locate it.



Sec. 3833.92  What happens if I do not file a transfer of interest?

    Even if you record your transfer or amendment with the local 
recording office, BLM will not recognize the interest you acquire, or 
send you notice of any BLM action, decision, or contest, regarding the 
mining claim or site until you file the transfer with BLM (see 
Sec. 1810.2 of this chapter). The Department will treat the last owner 
of record as the responsible party for maintaining the mining claim or 
site until you file a transfer notice. You cannot claim that BLM failed 
to give you notice of any BLM action, decision, or contest regarding a 
mining claim or site if you failed to file a transfer notice showing 
that you have an interest in the mining claim or site, before BLM took 
the action, made the decision, or issued a contest complaint.



PART 3834_REQUIRED FEES FOR MINING CLAIMS OR SITES--Table of Contents



                          Subpart A_Fee Payment

Sec.
3834.10  Paying maintenance, location, and oil shale fees.
3834.11  Which fees must I pay to maintain a mining claim or site and 
          when do I pay them?
3834.12  How will BLM know for which mining claims or sites I am paying 
          the fees?
3834.13  Will BLM prorate annual maintenance or oil shale fees?
3834.14  May I obtain a waiver from these fees?

[[Page 991]]

                        Subpart B_Fee Adjustment

3834.20  Adjusting location and maintenance fees.
3834.21  How will BLM adjust the location and maintenance fees?
3834.22  How will I know that BLM has adjusted location and maintenance 
          fees?
3834.23  When do I start paying the adjusted fees?

    Authority: 43 U.S.C. 1201, 1740; 30 U.S.C. 28f; 115 Stat 414; 30 
U.S.C. 242.

    Source: 68 FR 61073, Oct. 24, 2003, unless otherwise noted.



                          Subpart A_Fee Payment



Sec. 3834.10  Paying maintenance, location, and oil shale fees.



Sec. 3834.11  Which fees must I pay to maintain a mining claim or
site and when do I pay them?

    (a) All mining claims or sites (except oil shale placer claims). 
Paying the maintenance fee(s) in lieu of performing assessment work 
satisfies the requirements of the mining law and FLPMA. See Sec. 3830.21 
for fee amounts.
    (1) Location fee and initial maintenance fee. When you first record 
a mining claim or site with BLM, you must pay a location fee and an 
initial maintenance fee for the assessment year in which you located the 
mining claim or site.
    (2) Annual maintenance fee. You must pay an annual maintenance fee 
on or before September 1st of each year in order to maintain a mining 
claim or site for the upcoming assessment year.
    (b) Oil shale placer claims. (1) Under the Energy Policy Act of 
1992, 30 U.S.C. 242, if you own an oil shale placer claim, you must pay 
an annual $550 fee and file a notice of intent to hold, with the 
applicable service charge, each calendar year on or before December 30--
    (i) If you elected to maintain an oil shale placer claim;
    (ii) If you elected to apply for limited patent; or
    (iii) If you filed a patent application for an oil shale placer 
claim but did not receive a first half final certificate on or before 
October 24, 1992.
    (2) See part 3835 of this chapter for notice of intent to hold 
requirements, and the table of fees and service charges in Sec. 3830.21 
of this chapter.
    (3) You need not pay the annual $550 fee, or file a notice of intent 
to hold, if you filed a patent application and received a first half of 
the mineral entry final certificate on or before October 24, 1992.



Sec. 3834.12  How will BLM know for which mining claims or sites 
I am paying the fees?

    When you pay any fees to BLM, you must include a list of the mining 
claims or sites that you are paying for by claim name, and by the BLM 
serial number if BLM has notified you what the serial numbers are.



Sec. 3834.13  Will BLM prorate annual maintenance or oil shale fees?

    BLM will not prorate annual maintenance or oil shale fees if you 
hold a mining claim or site for only part of a year. You must pay the 
full annual fee even if you hold the claim or site for just one day in 
an assessment year.



Sec. 3834.14  May I obtain a waiver from these fees?

    (a) No waivers are available for the initial maintenance fee or the 
annual $550 oil shale fee.
    (b) You may request a waiver from annual maintenance fees under 
certain circumstances. See part 3835 of this chapter.



                        Subpart B_Fee Adjustment



Sec. 3834.20  Adjusting location and maintenance fees.



Sec. 3834.21  How will BLM adjust the location and maintenance fees?

    BLM will adjust the location and maintenance fees at least every 5 
years, based upon the CPI, as required by 30 U.S.C. 28j(c), or at any 
other time as required by other statute.

[70 FR 52030, Sept. 1, 2005]



Sec. 3834.22  How will I know that BLM has adjusted location
and maintenance fees?

    BLM will publish a notice in the Federal Register about the 
adjustment on or before July 1st of a given year in order to make the 
adjusted fees due on September 1st of the same year.

[[Page 992]]



Sec. 3834.23  When do I start paying the adjusted fees?

    (a) In the case of a CPI adjustment required by 30 U.S.C. 28j(c), 
you must pay the adjusted initial maintenance and location fees when you 
record a new mining claim or site located on or after the September 1 
that immediately follows the date BLM published its notice about the 
adjustment.
    (b) In the case of adjustments required by other statute, you must 
pay the adjusted initial maintenance and location fees for a new mining 
claim or site as provided in the statute.
    (c) For previously recorded mining claims and sites, you must pay 
the CPI-based adjusted maintenance fee on or before the September 1 that 
immediately follows the date BLM published its notice about the 
adjustment.
    (d) Notwithstanding 43 CFR 3830.91(a)(3) and 3830.96, in any year in 
which BLM adjusts the maintenance and location fees, if you pay the fees 
timely, but pay an amount based on the fee in effect immediately before 
the adjustment was made, BLM will send you a notice, as provided in 
Sec. 3830.94, giving you 30 days in which to pay the additional amount 
required to meet the adjusted fees. If you do not pay the additional 
amount due within 30 days after the date you received the notice, you 
will forfeit the affected mining claims or sites.

[70 FR 52030, Sept. 1, 2005]



PART 3835_WAIVERS FROM ANNUAL MAINTENANCE FEES--Table of Contents



                      Subpart A_Filing Requirements

Sec.
3835.1  How do I qualify for a waiver?
3835.10  How do I request a waiver?
3835.11  What special filing and reporting requirements pertain to the 
          different types of waivers?
3835.12  What are my obligations once I receive a waiver?
3835.13  How long do the waivers last and how do I renew them?
3835.14  How do I submit a small miner waiver request for newly-recorded 
          mining claims?
3835.15  If I qualify as a small miner, how do I apply for a waiver if I 
          paid the maintenance fee in the last assessment year?
3835.16  If I am a qualified small miner, and I obtained a waiver in one 
          assessment year, what must I do if I want to pay the 
          maintenance fee for the following assessment year?
3835.17  What additional requirements must I fulfill to obtain a small 
          miner waiver for my mining claims or sites on National Park 
          System lands?

         Subpart B_Conveying Mining Claims or Sites Under Waiver

3835.20  Transferring, selling, inheriting, or otherwise conveying 
          mining claims or sites already subject to a waiver.

                    Subpart C_Annual FLPMA Documents

3835.30  Annual FLPMA documents.
3835.31  When do I file an annual FLPMA document?
3835.32  What should I include when I submit an affidavit of assessment 
          work?
3835.33  What should I include when I submit a notice of intent to hold?

              Subpart D_Defective Waivers and FLPMA Filings

3835.90  Failure to comply with this part.
3835.91  What if I fail to file annual FLPMA documents?
3835.92  What if I fail to submit a timely waiver request?
3835.93  What happens if BLM finds a defect in my waiver request?

    Authority: 30 U.S.C. 22, 28, 28f-28k; 43 U.S.C. 2, 1201, 1457, 1701 
et seq.; 50 U.S.C. App. 501, 565; 115 Stat. 414.

    Source: 68 FR 61073, Oct. 24, 2003, unless otherwise noted.



                      Subpart A_Filing Requirements



Sec. 3835.1  How do I qualify for a waiver?

    (a) Under certain conditions, you may qualify for a waiver from the 
annual maintenance fee requirements. You cannot obtain a waiver from 
service charges, the location fee, the initial maintenance fee, or the 
$550 oil shale fee.
    (b) The following table lists the types of waivers available and how 
you qualify for them (detailed requirements for each category appear in 
Sec. 3835.10):

------------------------------------------------------------------------
             Type of waiver                       Qualifications
------------------------------------------------------------------------
(a) Small Miner........................  All related parties must hold
                                          no more than a total of 10
                                          mining claims or sites
                                          nationwide, not including oil
                                          shale claims; and All co-
                                          claimants must qualify for the
                                          small miner waiver.

[[Page 993]]

 
(b) Soldiers' and Sailor's Civil Relief  You and all co-claimants must
 Act.                                     be military personnel on
                                          active duty status.
(c) Reclamation........................  Maintenance fees are waived for
                                          your mining claims or sites
                                          that are undergoing final
                                          reclamation under subparts
                                          3802, 3809, or 3814, if you do
                                          not intend to continue mining,
                                          milling, or processing
                                          operations on those sites.
(d) Denial of Access...................  You have received a declaration
                                          of taking or a notice of
                                          intent to take from the
                                          National Park Service (NPS) or
                                          other Federal agency; or the
                                          United States has otherwise
                                          denied you access to your
                                          mining claim or site.
(e) Mineral Patent Application.........  You have submitted an
                                          application for a mineral
                                          patent under part 3860 and the
                                          Secretary has granted you a
                                          final certificate.
------------------------------------------------------------------------



Sec. 3835.10  How do I request a waiver?

    (a) You must submit BLM's waiver certification form on or before 
September 1 of each assessment year for which you are seeking a waiver. 
You must submit your waiver on or before September 1 for BLM to exempt 
your claims or sites from the annual maintenance fee requirement that is 
due on the same date. You may have an agent submit a waiver form on your 
behalf if you file or have filed with BLM a power of attorney or other 
legal documentation which shows that the agent is acting on your behalf.
    (b) All waiver requests must include:
    (1) The names and addresses of all claimants who maintain an 
interest in the mining claims or sites listed on the waiver document;
    (2) The original signatures of the claimants of the mining claims or 
sites who are requesting the waiver, or the original signature of the 
authorized agent of the owner or owners of those mining claims or sites;
    (3) The names of the mining claims or sites for which you request a 
waiver;
    (4) The serial numbers, if available, that BLM assigned to the 
mining claims or sites; and
    (5) The date the maintenance fee was due from which you are seeking 
a waiver.



Sec. 3835.11  What special filing and reporting requirements pertain
to the different types of waivers?

    (a) Small miner waivers. Small miner waiver requests must include a 
declaration that:
    (1) You and all related parties hold no more than a total of 10 
mining claims and sites nationwide;
    (2) You have completed or will complete all assessment work required 
by the General Mining Law and part 3836 of this chapter to maintain your 
claims by the end of the applicable assessment year.
    (3) If you were not required to perform assessment work in the 
previous assessment year, you must include the reason why assessment 
work was not required in your certification, whether it is because:
    (i) Your claim was located in that assessment year;
    (ii) You paid a maintenance fee to maintain your claim during that 
assessment year;
    (iii) Assessment work was deferred for that year; or
    (iv) Any other reason recognized under Federal law.
    (b) Soldiers' and Sailors' Civil Relief Act waivers. Your 
application for waiver must include a notice of active military service 
or entry into active military service. You must also notify BLM in 
writing when you leave active duty status.
    (c) Reclamation waivers. Your application must include a certified 
and/or notarized statement that:
    (1) States that you are reclaiming the mining claims or sites;
    (2) States your intent to end mining operations on the claims or 
sites permanently; and
    (3) References a reclamation plan that you submitted to BLM or that 
BLM approved; or references a reclamation plan approved by a surface 
managing agency other than BLM.
    (d) Denial-of-access waivers. (1) Your application must include a 
statement that you have received a declaration of taking or a notice of 
intent to take from the National Park Service or other Federal agency or 
have otherwise been denied access to your mining claim or site in 
writing by the surface management agency or a court.

[[Page 994]]

    (2) You must submit copies of all official documents you have 
received that demonstrate the declaration of taking, notice of intent to 
take, or denial of access.
    (3) Applying for National Park Service (NPS) approval of a complete 
plan of operations does not justify your denial-of-access waiver. While 
the NPS is reviewing your plan of operations, or if the NPS disapproves 
it but has not denied you access, or issued a declaration of taking or a 
notice of intent to take, you must pay the annual maintenance fee.
    (e) Contest actions. If the Secretary contests your mining claim or 
site under part 4 of this title, you must maintain the mining claim or 
site until the Department of the Interior issues a final decision.
    (f) Appeals. If you forfeit your mining claim or site and you file 
an appeal under part 4 of this title and the Interior Board of Land 
Appeals stays BLM's voidance decision, you must maintain your mining 
claim or site through the appeals process.



Sec. 3835.12  What are my obligations once I receive a waiver?

    If BLM allows you the waiver, you must then perform annual 
assessment work on time and file annual FLPMA documents. You will find 
more information about annual FLPMA documents in Sec. 3835.30 of this 
part, and about assessment work in part 3836 of this chapter.



Sec. 3835.13  How long do the waivers last and how do I renew them?

    The following table states how long waivers last and explains how to 
renew them:

------------------------------------------------------------------------
       Type of waiver               Duration        Renewal requirements
------------------------------------------------------------------------
(a) Small Miner.............  One assessment year.  Apply for a small
                                                     miner waiver by
                                                     each September 1.
(b) Soldiers' and Sailors'    Until six months      Your waiver is
 Civil Relief Act.             after you are         automatically
                               released from         renewed if you
                               active duty status    continue to meet
                               or from a military    the qualifications.
                               hospital, whichever   You must notify BLM
                               is later.             when you leave
                                                     active duty status.
(c) Reclamation.............  One assessment year.  Apply for a
                                                     reclamation waiver
                                                     by each September
                                                     1.
(d) Denial of Access........  One assessment year.  Apply for waiver
                                                     certification by
                                                     each September 1.
(e) Mineral Patent            Until patent issues   None. If the final
 Application with Final        or the final          certificate is
 Certificate.                  certificate is        canceled, you must
                               canceled. BLM will    pay the required
                               not refund            fees beginning on
                               previously            the September 1
                               deposited annual      immediately
                               maintenance fees to   following the
                               a mineral patent      cancellation or
                               applicant.            file a different
                                                     form of waiver if
                                                     you qualify.
------------------------------------------------------------------------



Sec. 3835.14  How do I submit a small miner waiver request for 
newly-recorded mining claims?

    In order to obtain a small miner waiver for newly-recorded mining 
claims, you must--
    (a)(1) Submit the waiver request on or before September 1; or
    (2) If the mining claim or site was located before September 1 and 
recorded after September 1 in a timely manner, you must submit the 
waiver request at the time of recording the mining claim or site with 
BLM, and
    (b) File on or before the December 30 immediately following the 
September 1st for which you applied for a waiver a notice of intent to 
hold the mining claim or site. The Mining Law does not require you to 
perform assessment work in the assessment year in which you locate a 
mining claim. The notice of intent to hold must conform to Secs. 3835.31 
through 3835.33.

[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]



Sec. 3835.15  If I qualify as a small miner, how do I apply for 
a waiver if I paid the maintenance fee in the last assessment year?

    You must submit a waiver request complying with Sec. 3835.10 before 
the assessment year begins for which you wish to obtain a waiver. In 
addition, you must--

[[Page 995]]

    (a) Make a FLPMA filing, in the form of a notice of intent to hold 
under Secs. 3835.31 and 3835.33 of this part on or before December 30th 
immediately following the submission of a waiver request;
    (b) Perform your assessment work in the assessment year for which 
BLM waived the maintenance fee; and
    (c) Make a FLPMA filing in the form of an affidavit of assessment 
work under Secs. 3835.31 and 3835.33 of this part on or before the 
December 30th immediately following the close of the assessment year in 
which you performed assessment work.

[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]



Sec. 3835.16  If I am a qualified small miner, and I obtained
a waiver in one assessment year, what must I do if I want to pay
the maintenance fee for the following assessment year?
          

    (a) You must perform the required assessment work in the assessment 
year for which you obtained a waiver from payment of the annual 
maintenance fee, and file the annual FLPMA document required by the 
December 30th immediately following the payment of the maintenance fee; 
and
    (b) You must pay the maintenance fee by the proper deadline for the 
following assessment year.



Sec. 3835.17  What additional requirements must I fulfill to obtain
a small miner waiver for my mining claims or sites on National 
Park System lands?

    (a) Before performing assessment work on National Park System lands, 
you must submit and obtain the National Park Service (NPS)'s approval of 
a complete plan of operations in compliance with regulations at 36 CFR 
parts 6 and 9. Your proposed activities must further the ultimate 
commercial mineral development of each claim, such as delineation of the 
mineral deposit or commencement of production. Once you submit a 
proposed plan, NPS will evaluate the plan, conduct a validity exam if 
necessary, and either approve or disapprove the plan.
    (b)(1) If NPS approves your plan of operations, by the September 1 
on which you want to submit a small miner waiver request you must:
    (i) Post a reclamation bond with NPS;
    (ii) Begin the approved activity; and
    (iii) Submit a waiver request complying with Sec. 3835.10 before the 
assessment year begins for which you wish to obtain a waiver.
    (2) By December 30, you must file your affidavit of assessment work 
for the mining claims and a notice of intent to hold for your mill or 
tunnel sites.
    (c) If NPS does not approve your proposed plan of operations by July 
1, to allow you sufficient time to conduct assessment work before 
September 1, you may--
    (1) Pay BLM the maintenance fees by September 1;
    (2) Petition BLM before September 1 for a deferment of assessment 
work; or
    (3) Submit a request for a lack of access waiver.



         Subpart B_Conveying Mining Claims or Sites Under Waiver



Sec. 3835.20  Transferring, selling, inheriting, or otherwise 
conveying mining claims or sites already subject to a waiver.

    (a) If you purchase, inherit, or otherwise obtain mining claims or 
sites that are subject to a waiver, you must also qualify for the waiver 
in order for BLM to continue to apply the waiver to the mining claims 
you have received in the transfer; or
    (b) If you purchase, inherit, or otherwise obtain mining claims or 
sites that are subject to a waiver and you do not qualify for the 
waiver, you must pay the annual maintenance fee by the September 1 
following the date the transfer became effective under state law.



                    Subpart C_Annual FLPMA Documents



Sec. 3835.30  Annual FLPMA documents.



Sec. 3835.31  When do I file an annual FLPMA document?

    (a) If you must file an annual FLPMA document as required in 
paragraph (d) of this section, you must file your annual FLPMA documents 
with

[[Page 996]]

BLM on or before the December 30th of the calendar year in which the 
assessment year ends. (For example, if the assessment year ends on 
September 1, 2003, you must file your annual FLPMA document no later 
than December 30, 2003.)
    (b) If part 3836 of this chapter requires you to perform assessment 
work, you must file an affidavit of assessment work. You do not need to 
complete assessment work in the assessment year when you located your 
claim. (For example, if you locate a claim on September 2, 2002, you 
first need to perform assessment work sometime between September 2, 
2003, and September 1, 2004.)
    (c) If part 3836 of this chapter does not require you to perform 
assessment work, either because you located the claim during the current 
assessment year or because BLM has deferred assessment work, you must 
submit a notice of intent to hold under Secs. 3835.32 and 3835.33 of 
this part as an annual FLPMA document filing. You must state in the 
notice of intent to hold either that BLM has deferred the assessment 
work requirement or that you located the claim during the current 
assessment year.
    (d) The following table describes the circumstances under which you 
must file annual FLPMA documents:

------------------------------------------------------------------------
                                     Affidavit of
         Your situation             assessment work    Notice of intent
                                       required        to hold required
------------------------------------------------------------------------
(1) You have paid annual          No................  No.
 maintenance fees.
(2) You have an oil shale placer  No................  Yes, by December
 claim.                                                30 of each year
                                                       you must pay the
                                                       $550 oil shale
                                                       fee.
(3) You have a small miner        Yes, by December    Yes, but only as
 waiver that covers mining         30 for each         described in
 claims.                           assessment year     paragraph (c) of
                                   you obtained a      this section.
                                   small miner
                                   waiver.
(4) You have a small miner        No affidavit        Yes, notices of
 waiver that covers mill or        assessment work     intent to hold
 tunnel sites.                     is required for     are required for
                                   mill or tunnel      mill and tunnel
                                   sites.              sites.
(5) You have a Soldiers and       No................  No.
 Sailor's Civil Relief Act
 Waiver.
(6) You have a reclamation        No................  Yes.
 waiver.
(7) You have a waiver because     No................  Yes.
 you have been denied access.
(8) You have a deferment of       No................  Yes, but only as
 assessment work.                                      described in
                                                       paragraph (c) of
                                                       this section.
(9) You have applied for a        No................  No.
 mineral patent and BLM has
 issued a final certificate.
------------------------------------------------------------------------


[68 FR 61064, Oct. 24, 2003; 68 FR 74197, Dec. 23, 2003]



Sec. 3835.32  What should I include when I submit an affidavit
of assessment work?

    When you submit an affidavit of assessment work as required in 
Sec. 3835.31(d), you must include the following:
    (a) The name and, if available, the BLM serial number of the claim 
for which you did assessment work;
    (b) Any known changes in the mailing addresses of the claimants;
    (c) A processing fee for each mining claim affected. (See the table 
of service charges and fees in Sec. 3830.21 of this chapter); and
    (d) An exact legible reproduction or duplicate, other than microfilm 
or other electronic media, of either:
    (1) The affidavit of assessment work that you filed or will file in 
the county where the claim is located; or
    (2) The report of geological, geochemical, and geophysical surveys 
you filed in the county where the claim is located, as provided for in 
part 3836 of this chapter.

[68 FR 61064, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005]



Sec. 3835.33  What should I include when I submit a notice of intent
to hold?

    When you submit a notice of intent to hold as required in 
Sec. 3835.31(d), you must include the following:
    (a) An exact legible reproduction or duplicate of a letter or other 
notice with signatures of one or more of the

[[Page 997]]

claimants or their agent that states your intention to hold the mining 
claims or sites for the calendar year in which the assessment year ends, 
and that you filed or will file a notice of intent to hold in the county 
where the claim is located;
    (b) If applicable:
    (1) A copy of a BLM decision granting a deferment of the annual 
assessment work;
    (2) A copy of a pending petition for deferment of the annual 
assessment work including the date you submitted the petition; or
    (3) Any other documentation in the notice of intent to hold 
supporting why you are filing a notice of intent to hold instead of an 
assessment work filing;
    (c) The name and, if available, the BLM serial number of the mining 
claim or site;
    (d) Any known changes in the mailing addresses of the claimants; and
    (e) A processing fee for each mining claim or site affected. (See 
the table of service charges and fees in Sec. 3830.21 of this chapter.)

[68 FR 61064, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005]



              Subpart D_Defective Waivers and FLPMA Filings



Sec. 3835.90  Failure to comply with this part.



Sec. 3835.91  What if I fail to file annual FLPMA documents?

    If you fail to file an annual FLPMA document by December 30, as 
required in Sec. 3835.31(d), you forfeit the affected mining claims or 
sites.



Sec. 3835.92  What if I fail to submit a timely waiver request?

    (a) If you fail to submit a qualified waiver request (see 
Sec. 3835.1) and also fail to pay an annual maintenance fee by September 
1st, you forfeit the affected mining claims or sites.
    (b) If you fail to list any mining claims or sites that you and all 
related parties own on your small miner waiver request and fail to pay 
an annual maintenance fee by September 1st, you forfeit the unlisted 
mining claims or sites.
    (c) If you fail to cure any defects in your timely waiver request or 
pay the maintenance fee within the allowed time after BLM notifies you 
of the defects, you forfeit the affected mining claims or sites.
    (d) If you, a co-claimant, or any related parties, submit small 
miner waiver requests for more than 10 mining claims or sites and fail 
to pay the $100 maintenance fee for each claim on or before the due 
date, you forfeit the mining claims and sites and you may be subject to 
criminal penalties under 18 U.S.C. 1001.



Sec. 3835.93  What happens if BLM finds a defect in my waiver request?

    (a) BLM will send you a notice describing the defect by certified 
mail-return receipt requested at the most recent address you gave us 
on--
    (1) Your notice or certificate of location;
    (2) An address correction you have filed with BLM;
    (3) A valid transfer document filed with BLM; or
    (4) The waiver request form.
    (b) If the certified mail is delivered to your most recent address 
of record, this constitutes legal service even if you do not actually 
receive the notice or decision. (See 43 CFR 1810.2.)
    (c) You must cure the defective waiver or pay the annual maintenance 
fees within 60 days of receiving BLM notification of the defects, or 
forfeit the claim or site.



PART 3836_ANNUAL ASSESSMENT WORK REQUIREMENTS FOR MINING CLAIMS
--Table of Contents



                  Subpart A_Performing Assessment Work

Sec.
3836.10  Performing assessment work.
3836.11  What are the general requirements for performing assessment 
          work?
3836.12  What work qualifies as assessment work?
3836.13  What are geological, geochemical, or geophysical surveys?
3836.14  What other requirements must geological, geochemical, or 
          geophysical surveys meet to qualify as assessment work?
3836.15  What happens if I fail to perform required assessment work?

[[Page 998]]

                   Subpart B_Deferring Assessment Work

3836.20  Deferring assessment work.
3836.21  How do I qualify for a deferment of assessment work on my 
          mining claims?
3836.22  How do I qualify for a deferment of assessment work on my 
          mining claims that are on National Park System (NPS) lands?
3836.23  How do I petition for deferment of assessment work?
3836.24  If BLM approves my petition, what else must I do to obtain a 
          deferment of assessment work?
3836.25  What if BLM denies my petition for deferment of assessment 
          work?
3836.26  How long may a deferment of assessment work last?
3836.27  When must I complete my deferred assessment work?

    Authority: 30 U.S.C. 22, 28, 28b-28e; 43 U.S.C. 2, 1201, 1457, 1701 
et seq.; 50 U.S.C. App. 501, 565.

    Source: 68 FR 61077, Oct. 24, 2003, unless otherwise noted.



                  Subpart A_Performing Assessment Work



Sec. 3836.10  Performing assessment work.



Sec. 3836.11  What are the general requirements for performing
assessment work?

    (a) Beginning in the assessment year that begins after you locate 
your mining claim, you must expend $100 in labor or improvements for 
each claim for each assessment year preceding the date on which you file 
for a small miner waiver.
    (b) You may perform assessment work on:
    (1) Each individual claim;
    (2) One or more claims in a group of contiguous lode or placer 
claims that you own or hold an interest in and that cover the same 
mineral deposit; or
    (3) Adjacent or nearby lands if the work supports development of the 
minerals on the claim(s).
    (c) Your total expenditure must equal at least $100 per claim.



Sec. 3836.12  What work qualifies as assessment work?

    Assessment work includes, but is not limited to--
    (a) Drilling, excavations, driving shafts and tunnels, sampling 
(geochemical or bulk), road construction on or for the benefit of the 
mining claim; and
    (b) Geological, geochemical, and geophysical surveys.



Sec. 3836.13  What are geological, geochemical, or geophysical surveys?

    (a) Geological surveys are surveys of the geology of mineral 
deposits. These are done by, among other things, taking mineral samples, 
mapping rock units, mapping structures, and mapping mineralized zones.
    (b) Geochemical surveys are surveys of the chemistry of mineral 
deposits. They are done by, among other things, sampling soils, waters, 
and bedrock to identify areas of anomalous mineral values and quantities 
that may in turn identify mineral deposits.
    (c) Geophysical surveys are surveys of the physical characteristics 
of mineral deposits to measure physical differences between rock types 
or physical discontinuities in geological formations. These surveys 
include, among other things, magnetic and electromagnetic surveys, 
gravity surveys, seismic surveys, and multispectral surveys.



Sec. 3836.14  What other requirements must geological, geochemical
or geophysical surveys meet to qualify as assessment work?

    (a) Qualified experts must conduct the surveys and verify the 
results in a detailed report filed in the county or recording district 
office where the claim is recorded. A qualified expert is a geologist or 
mining engineer qualified by education and experience to conduct 
geological, geochemical, or geophysical surveys.
    (b) You must record the report on the surveys with BLM and the local 
recording office, as provided in part 3835 of this chapter. 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) The nature, extent, and cost of the work performed;
    (3) The basic findings of the surveys; and

[[Page 999]]

    (4) The name, address, and professional background of persons 
conducting the work and analyzing the data.
    (c) You may not count these surveys as assessment work for more than 
2 consecutive years or for more than a total of 5 years on any one 
mining claim.
    (d) No survey may repeat any previous survey of the same claim and 
still qualify as assessment work.



Sec. 3836.15  What happens if I fail to perform required assessment
work?

    If you are required to perform assessment work and--
    (a) You fail to perform the assessment work as required in this 
part, your claim is open to relocation by a rival claimant as if no 
location had ever been made; or
    (b) You fail substantially to perform the assessment work as 
required in this part and the land is withdrawn from mineral entry or 
the mineral for which the claim was located is no longer subject to the 
Mining Law, BLM may declare your claim forfeited.



                   Subpart B_Deferring Assessment Work



Sec. 3836.20  Deferring assessment work.

    (a) Under some circumstances, you may obtain a temporary deferment 
that relieves you from performing annual assessment work on your mining 
claims. You may include more than one mining claim in one deferment 
petition if the claims are contiguous.
    (b) If BLM grants you a deferment, you have merely deferred doing 
the assessment work. You still must complete that assessment work for 
that assessment year after the deferment period ends, as provided in 
Sec. 3836.27.



Sec. 3836.21  How do I qualify for a deferment of assessment work
on my mining claims?

    You qualify for a deferment of assessment work if--
    (a) You have a mining claim or group of mining claims that you 
cannot enter or gain access to because--
    (1) The claims are surrounded by lands owned by others, including 
BLM, and the land owner has refused to give you a right-of-way or you 
are in litigation regarding the right-of-way or in the process of 
acquiring the right-of-way under state law; or
    (2) Some other legal impediment prevents your access.
    (b) You have received a declaration of taking or notice of intent by 
the Federal Government to take the claim.



Sec. 3836.22  How do I qualify for a deferment of assessment work 
on my mining claims that are on National Park System (NPS) lands?

    Correspondence from NPS merely denying your Plan of Operations for 
incompleteness or inadequacy will not suffice for a deferment of 
assessment work. To qualify for a deferment of assessment work on claims 
situated on NPS lands--
    (a) You must obtain a letter from NPS stating that--
    (1) NPS received and found your proposed Plan of Operations to be 
complete;
    (2) NPS cannot act on the plan until it conducts a validity exam; 
and
    (3) NPS anticipates completing the validity exam after the 
assessment year ends.
    (b) You must send NPS's letter to BLM, along with other documents 
and information that BLM requires (see Sec. 3836.23) to support your 
petition for deferment of assessment work.



Sec. 3836.23  How do I petition for deferment of assessment work?

    In order to apply for deferment--
    (a) You must submit a petition with the BLM State Office that 
includes:
    (1) The names of the claims;
    (2) The BLM serial numbers assigned to the claims;
    (3) The starting date of the one-year period of the requested 
deferment; and
    (4) A statement that you plan to file a small miner waiver form by 
September 1st.
    (b) If you are submitting the petition because BLM or another party 
has denied you a right-of-way, you must also describe--
    (1) The ownership and nature of the land, including topography, 
vegetation, surface water, and existing roads, over which you were 
seeking a right-of-way to reach your claims;

[[Page 1000]]

    (2) The land over which you are seeking a right-of-way by legal 
subdivision if the land is surveyed;
    (3) Why present use of the right-of-way is denied or prevented;
    (4) The steps you have taken to acquire the right to cross the 
lands; and
    (5) Whether any other right-of-way is available and if so, why it is 
not feasible to use that right-of-way.
    (c) If you are submitting the petition because of other legal 
impediments to your access to the claim, you must describe the legal 
impediments and submit copies of any documents you have that evidence 
the legal impediments.
    (d) You must record in the local recording office a notice that you 
are petitioning BLM for a deferment of assessment work.
    (e) You must attach a copy of the notice required by paragraph (d) 
of this section to the petition you submit to BLM.
    (f) At least one of the claimants of each of the mining claims for 
which you request a deferment must sign:
    (1) The petition you submit to BLM; and
    (2) The original notice you record with the local recording office.
    (g) You must pay a processing fee with each petition. (See the table 
of service charges and fees in Sec. 3830.21 of this chapter.)

[68 FR 61077, Oct. 24, 2003, as amended at 70 FR 58879, Oct. 7, 2005]



Sec. 3836.24  If BLM approves my petition, what else must I do to 
obtain a deferment of assessment work?

    You must record a copy of BLM's decision regarding your petition in 
the local recording office.



Sec. 3836.25  What if BLM denies my petition for deferment 
of assessment work?

    If BLM denies your petition for deferment of assessment work, and 
the assessment year has ended, BLM will give you 60 days from the date 
you receive the BLM decision denying the petition in which to pay the 
maintenance fee to maintain your claim.



Sec. 3836.26  How long may a deferment of assessment work last?

    (a) BLM may grant a deferment for up to one assessment year. 
However, the deferment ends automatically if the reason for the 
deferment ends.
    (b) The deferment period will begin on the date you request in the 
petition unless BLM's approval sets a different date.
    (c) You may petition to renew the deferment for one additional 
assessment year if a valid reason for a deferment continues. BLM cannot 
renew your deferment of assessment work more than once.



Sec. 3836.27  When must I complete my deferred assessment work?

    (a) You may begin the deferred assessment work any time after the 
deferment ends. However, you must complete it before the end of the 
following assessment year. For example, if your deferment ends on July 
15, 2008, you must complete all the deferred assessment work by 
September 1, 2009, in addition to completing the regular assessment work 
due on that date.
    (b) You may also choose to pay the annual maintenance fees for the 
years deferred instead of performing the deferred assessment work.



PART 3837_ACQUIRING A DELINQUENT CO-CLAIMANT'S INTERESTS IN 
A MINING CLAIM OR SITE--Table of Contents



Subpart A_Conditions for Acquiring a Delinquest Co-Claimant's Interests 
                        in a Mining Claim or Site

Sec.
3837.10  Conditions for acquiring a delinquent co-claimant's interests.
3837.11  When may I acquire a delinquent co-claimant's interest in a 
          mining claim or site?

                    Subpart B_Acquisition Procedures

3837.20  Acquisition.
3837.21  How do I notify the delinquent co-claimant that I want to 
          acquire his or her interests?
3837.22  How long does a delinquent co-claimant have after notification 
          to contribute a proportionate share of the assessment work, 
          expenditures, or maintenance fees?

[[Page 1001]]

3837.23  How do I notify BLM that I have acquired a delinquent co-
          claimant's interests in a mining claim or site?
3837.24  What kind of evidence must I submit to BLM to show I have 
          properly notified the delinquent co-claimant?

 Subpart C_Resolving Co-Claimant Disputes About Acquiring a Delinquest 
                         Co-Claimant's Interests

3837.30  Disputes about acquiring a delinquent co-claimant's interests.

    Authority: 43 U.S.C. 2, 1201, 1457; 50 U.S.C. App. 501, 565; 30 
U.S.C. 28.

    Source: 68 FR 61078, Oct. 24, 2003, unless otherwise noted.



Subpart A_Conditions for Acquiring a Delinquest Co-Claimant's Interests 
                        in a Mining Claim or Site



Sec. 3837.10  Conditions for acquiring a delinquent co-claimant's
interests.



Sec. 3837.11  When may I acquire a delinquent co-claimant's interests
in a mining claim or site?

    (a) You may acquire a co-claimant's interest in a mining claim or 
site under the following circumstances:
    (1) You are a co-claimant who has performed the assessment work, 
made improvements, or paid the maintenance fees required under parts 
3834 and 3836 of this chapter;
    (2) Your co-claimant fails to contribute a proportionate share of 
the assessment work, expenditures, or maintenance fees by the end of the 
assessment year concerned;
    (3) You notify the delinquent co-claimant of the alleged delinquency 
as provided in Sec. 3837.21; and
    (4) If, within 90 days following the date the delinquent co-claimant 
received the notice provided for under Sec. 3837.21 or 90 days following 
the end of the publication period described in Sec. 3837.21, the 
delinquent co-claimant fails or refuses to contribute a proportionate 
share of the assessment work, expenditures, or maintenance fees, the 
remaining co-claimants acquire the delinquent co-claimant's share in the 
mining claim or site.
    (b) You may not acquire a co-claimant's interest in a mining claim 
or site if the co-claimant is on active military duty.



                    Subpart B_Acquisition Procedures



Sec. 3837.20  Acquisition.



Sec. 3837.21  How do I notify the delinquent co-claimant that I want 
to acquire his or her interests?

    (a) You must give the delinquent co-claimant written notice by mail 
using registered or certified mail, return receipt requested, or by 
personal service; or
    (b) If, after diligent search, you cannot locate the delinquent co-
claimant, you must publish notification in a newspaper nearest the 
location of the claims or sites at least once a week for 90 days.



Sec. 3837.22  How long does a delinquent co-claimant have after
notification to contribute a proportionate share of the assessment
work, expenditures, or maintenance fees?
          

    The delinquent co-claimant must contribute a proportionate share of 
the assessment work, expenditures, or maintenance fees within 90 days 
after the date on which--
    (a) The co-claimant received written notice by mail or personal 
service; or
    (b) The 90-day newspaper publication period ended.



Sec. 3837.23  How do I notify BLM that I have acquired a delinquent
co-claimant's interests in a mining claim or site?

    If you acquire a delinquent co-claimant's interests in a mining 
claim or site, you must submit--
    (a) Evidence that you properly notified the delinquent co-claimant;
    (b) An originally signed and dated statement by all the compliant 
co-claimants that the delinquent co-claimant failed to contribute the 
proper proportion of assessment work, expenditures, or maintenance fees 
within the period fixed by the statute; and
    (c) A non-refundable service charge for a transfer of interest, as 
found in the table of fees in Sec. 3830.21 of this chapter.

[[Page 1002]]



Sec. 3837.24  What kind of evidence must I submit to BLM to show 
I have properly notified the delinquent co-claimant?

    (a) If you gave written notice to the delinquent co-claimant by 
personal service, you must sign and submit a notarized affidavit 
explaining how and when you delivered the written notice to the 
delinquent co-claimant.
    (b) If you gave written notice to the delinquent co-claimant by 
mail, you must submit:
    (1) A copy of the notice you mailed to the delinquent co-claimant; 
and
    (2) A copy of the signed U.S. Postal Service return receipt from the 
registered or certified envelope in which you sent the notice to the 
delinquent co-claimant.
    (c) If you published the notice in a newspaper, you must submit:
    (1) A statement from the newspaper publisher or the publisher's 
authorized representative describing the publication, including the 
beginning and ending dates of publication;
    (2) A printed copy of the published notice; and
    (3) A notarized affidavit attesting that you conducted a diligent 
search for the delinquent co-claimant, you could not locate the 
delinquent co-claimant, and therefore notification by publication was 
necessary.



 Subpart C_Resolving Co-Claimant Disputes About Acquiring a Delinquent 
                         Co-Claimant's Interests



Sec. 3837.30  Disputes about acquiring a delinquent co-claimant's 
interests.

    If co-claimants are engaged in a dispute regarding the acquisition 
of a delinquent co-claimant's interests--
    (a) The co-claimants must resolve the dispute, without BLM 
involvement, in a court of competent jurisdiction or proceeding as 
permitted within the state where the disputed claims are located.
    (b) The co-claimants must file with BLM a certified copy of the 
judgment, decree, or settlement agreement resolving the dispute before 
BLM will update its records.



PART 3838_SPECIAL PROCEDURES FOR LOCATING AND RECORDING MINING CLAIMS
AND TUNNEL SITES ON STOCKRAISING HOMESTEAD ACT (SRHA) LANDS--
Table of Contents



                      Subpart A_General Provisions

Sec.
3838.1  What are SRHA lands?
3838.2  How are SRHA lands different from other Federal lands?
3838.3  What rules must I follow to explore for minerals and locate 
          mining claims on SRHA lands?

Subpart B_Locating and Recording Mining Claims and Tunnel Sites on SRHA 
                                  Lands

3838.10  Procedures for locating and recording a mining claim or tunnel 
          site on SRHA lands.
3838.11  How do I locate and record mining claims or tunnel sites on 
          SRHA lands?
3838.12  What must I include in a NOITL on SRHA lands?
3838.13  What restrictions are there on submitting a NOITL on SRHA 
          lands?
3838.14  What will BLM do when I submit a NOITL for SRHA lands?
3838.15  How do I benefit from properly submitting a NOITL on SRHA 
          lands?
3838.16  What happens if the surface owner of the SRHA lands changes?
3838.17  How do I locate mining claims or tunnel sites after I follow 
          the NOITL Procedures?

                      Subpart C_Compliance Problems

3838.90  Failure to comply with this part.
3838.91  What if I fail to comply with this part?

    Authority: 43 U.S.C. 299(b), 1201, 1457, 1740, 1744; 30 U.S.C. 22 et 
seq.

    Source: 68 FR 61079, Oct. 24, 2003, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 3838.1  What are SRHA lands?

    SRHA lands are lands that were--
    (a) Patented under the Stockraising Homestead Act of 1916, as 
amended (30 U.S.C. 54 and 43 U.S.C. 299); or
    (b) Originally entered under the Homestead Act of 1862, as amended, 
and patented under the SRHA after December 29, 1916.

[[Page 1003]]



Sec. 3838.2  How are SRHA lands different from other Federal lands?

    SRHA lands are different from other Federal lands in that the United 
States owns the mineral estate of SRHA lands, but not the surface 
estate. Patents issued under the SRHA, and Homestead Act entries 
patented under the SRHA, reserved the mineral estate to the United 
States along with the right to enter, mine, and remove any reserved 
minerals that may be present in the mineral estate.



Sec. 3838.3  What rules must I follow to explore for minerals and 
locate mining claims on SRHA lands?

    (a) The regulations in this part describe how to notify the surface 
owner before exploring for minerals or locating a mining claim on the 
mineral estate of SRHA lands.
    (b) If you own the surface estate of SRHA lands and want to explore 
for minerals or locate a mining claim on the Federally-reserved mineral 
estate, you do not need to follow the requirements in this part, but you 
must follow the requirements in parts 3832, 3833, 3834 and 3835 of this 
chapter.



Subpart B_Locating and Recording Mining Claims and Tunnel Sites on SRHA 
                                  Lands



Sec. 3838.10  Procedures for locating and recording a mining claim
or tunnel site on SRHA lands.



Sec. 3838.11  How do I locate and record mining claims or tunnel
sites on SRHA lands?

    (a) You must--
    (1) Submit a notice of intent to locate mining claims form (NOITL), 
which you may obtain from BLM, with the proper BLM State Office and 
submit a non-refundable service charge for processing the NOITL (see the 
table of fees in Sec. 3830.21 of this chapter);
    (2) Serve a copy of the NOITL on the surface owner(s) of record, by 
registered or certified mail, return receipt requested; and
    (3) Submit proof to BLM that you served a copy of the NOITL on the 
surface owner(s) to complete submission of a NOITL with BLM.
    (b) You can submit the NOITL to BLM and serve a copy of the NOITL on 
the surface owner(s) at the same time.
    (c) If you want to explore parcels of land that are owned by 
different people, you must submit a separate NOITL for each parcel of 
land.
    (d) You must--
    (1) Wait 30 days after you serve the surface owner(s) with the NOITL 
before entering the lands to explore for minerals or locate a mining 
claim or tunnel site; and
    (2) Follow procedures for locating mining claims and tunnel sites in 
part 3832, recording mining claim and tunnel sites in part 3833, and 
annual maintenance of mining claims in parts 3834 and 3835 of this 
chapter.



Sec. 3838.12  What must I include in a NOITL on SRHA lands?

    A NOITL must include:
    (a) The names, mailing address, and telephone numbers of everyone 
who is filing the NOITL. An agent may file the NOITL on behalf of others 
as long as the NOITL is accompanied with proof that the agent is 
authorized to act on behalf of the others.
    (b) Information about the surface owners, including:
    (1) The names, mailing addresses, and telephone numbers of all known 
surface owners of the parcel of land you want to enter;
    (2) Evidence of surface ownership of all parcels covered by the 
NOITL obtained from the tax records of the local government. The 
evidence must show the name of the persons paying the taxes, and must 
contain a legal description of the taxed parcel.
    (3) A description of the lands covered by the NOITL, including:
    (i) The total number of acres to the nearest whole acre; and
    (ii) A map and legal land description to the nearest 5-acre 
subdivision or lot based on a U.S. Public Land Survey of the lands 
covered by the NOITL, including access routes; and
    (4) A brief description of the proposed mineral activities, 
including:
    (i) The name, mailing address, and telephone number of the person 
who will be managing the activities, and
    (ii) A list of the dates on which the activities will take place.

[[Page 1004]]



Sec. 3838.13  What restrictions are there on submitting a NOITL
on SRHA lands?

    (a) At any one time, you or your affiliates may not hold NOITLs for 
more than 1,280 acres of land owned by a single surface owner in any one 
state.
    (b) At any one time, you or your affiliates may not hold NOITLs for 
more than 6,400 acres of land in any one state.
    (c) Your NOITL will expire 90 days after you submit it with BLM, 
unless you submit to BLM a plan of operations that complies with part 
3809 of this chapter within the 90-day period.
    (d) After your NOITL expires, you are not allowed to submit another 
NOITL for the same lands until 30 days after the expiration of the 
previously-filed NOITL.
    (e) Only those persons whose names are listed on the properly-
submitted NOITL, or their agents, will be allowed to explore for 
minerals or locate mining claims or tunnel sites on the lands covered by 
the NOITL.
    (f) For purposes of this section, the term ``affiliates'' means, 
with respect to any person, any other person which controls, is 
controlled by, or is under common control with, such person.



Sec. 3838.14  What will BLM do when I submit a NOITL for SRHA lands?

    When BLM accepts a properly completed and executed NOITL, we will 
note the official land status records. The 90-day segregation period 
begins the day we receive a complete NOITL.



Sec. 3838.15  How do I benefit from properly submitting a NOITL
on SRHA lands?

    (a) For a 90-day period after you submit a NOITL with BLM and 30 
days after you give notice to the surface owner:
    (1) You may enter the lands covered by the NOITL to explore for 
minerals and locate mining claims (see Sec. 3838.10 for location 
procedures);
    (2) You may cause only minimal disturbance of the surface resources 
on the lands covered by the NOITL;
    (3) You must not use mechanized earthmoving equipment, explosives, 
or toxic or hazardous materials; and
    (4) You must not construct roads or drill pads.
    (b) For 90 days after BLM accepts your NOITL, no other person, 
including the surface owner, may--
    (1) Submit a NOITL for any lands included in your NOITL;
    (2) Explore for minerals or locate a mining claim on the lands 
included in your NOITL; or
    (3) File an application to acquire any interest under section 209 of 
FLPMA and part 2720 of this chapter in the lands included in your NOITL.
    (c) If you file a plan of operations under subpart 3809 of this 
chapter with BLM, as provided in Section 1 of the Act of April 16, 1993, 
43 U.S.C. 299(b), within the 90-day period, BLM will extend the effects 
of the 90-day period until BLM approves or denies the plan of operations 
under subpart 3809.
    (d) Before you conduct mineral activities, you must post a bond or 
other financial guarantee to cover completion of reclamation (see 
subpart 3809 of this chapter), compensation to the surface owner for 
permanent damages to the surface and loss or impairment of the surface, 
and to cover permanent loss of income due to reduction in the owner's 
use of the land.



Sec. 3838.16  What happens if the surface owner of the SRHA lands
changes?

    If the surface owner transfers all or part of the surface to a new 
owner after you have recorded a NOITL and served it on the surface 
owner, you do not have to serve a copy of the NOITL on the new surface 
owners.



                      Subpart C_Compliance Problems



Sec. 3838.90  Failure to comply with this part.



Sec. 3838.91  What if I fail to comply with this part?

    If you fail to comply with the requirements in this part, the NOITL 
is void. Mining claims or tunnel sites located under a void NOITL are 
null and void from the beginning and we will cancel them.

       PART 3839_SPECIAL LAWS, IN ADDITION TO FLPMA, THAT REQUIRE

[[Page 1005]]

                     RECORDING OR NOTICE [RESERVED]



PART 3860_MINERAL PATENT APPLICATIONS--Table of Contents



                          Subpart 3860_General

Sec.
3860.1  Fees.

                     Subpart 3861_Surveys and Plats

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.
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.
3862.9  Public availability of information.

          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.
3864.1-5  Fees.

    Authority: 30 U.S.C. 22 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1701 et 
seq.



                          Subpart 3860_General



Sec. 3860.1  Fees.

    (a) Each mineral patent application must include the processing fee 
found in the fee schedule in Sec. 3000.12 of this chapter to cover BLM's 
adjudication costs for the application.
    (b) As provided at Sec. 3800.5 of this chapter, BLM will charge a 
separate processing fee on a case-by-case basis as described in 
Sec. 3000.11 of this chapter to cover its costs for conducting and

[[Page 1006]]

preparing the validity examination and report.

[70 FR 58879, Oct. 7, 2005]



                     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.
    (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,              1.48
 unsurveyed.....................................................
------------------------------------------------------------------------

    (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.

[[Page 1007]]



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 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.

[[Page 1008]]



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]



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.''

[[Page 1009]]



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 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.

[[Page 1010]]



Sec. 3862.1-2  Fees.

    An applicant for a lode mining claim patent must pay fees as 
described in Sec. 3860.1.

[70 FR 58880, Oct. 7, 2005]



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.



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.

[[Page 1011]]

    (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 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]

[[Page 1012]]



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54 west 7285.63 feet, thence 
north 2014 west 1500 feet to corner No. 2 of said lode; thence north 
6946 east 569 feet to corner No. 3 of said lode; thence south 2014 
east 417.5 feet to corner 2, Altitude No. 1; thence north 6946 east 
1606.1 feet to corner No. 3, Altitude lode; thence south 2014 east 
1500 feet, to corner No. 4 of said lode; thence south 6946 west 1606.1 
feet, to corner No. 1, Altitude No. 1 lode; thence North 2014 west 
417.5 feet to corner No. 4, Altitude No. 3; thence south 69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 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

[[Page 1013]]

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 copy of the plat and field 
notes of each mineral survey patented will be furnished to the patentee.



Sec. 3862.9  Public availability of information.

    (a) All data and information concerning Federal and Indian minerals 
submitted under this part 3860 are subject to part 2 of this title. Part 
2 of this title includes the regulations of the Department of the 
Interior covering the public disclosure of data and information 
contained in Department of the Interior records. Certain mineral 
information not protected from public disclosure under part 2 of this 
title may be made available for inspection without a Freedom of 
Information Act (5 U.S.C. 552) request.
    (b) When you submit data and information under this part 3860 that 
you believe to be exempt from disclosure to the public, you must clearly 
mark each page that you believe includes confidential information. BLM 
will keep all data and information confidential to the extent allowed by 
Sec. 2.13(c) of this title.

[63 FR 52955, Oct. 1, 1998]

[[Page 1014]]



          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.
    (c) An applicant for a placer mining claim patent must pay fees as 
described in Sec. 3860.1.

[35 FR 9758, June 13, 1970, as amended at 70 FR 58880, Oct. 7, 2005]



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.

[[Page 1015]]

The proof showing must be made in duplicate. See 51 L.D. 265 and 52 L.D. 
190.
    (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

[[Page 1016]]

claimant of a vein or lode claim the law permits him to make application 
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.



Sec. 3864.1-5  Fees.

    An applicant for a millsite patent must pay fees as described in 
Sec. 3860.1.

[70 FR 58880, Oct. 7, 2005]



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 non-mineral land.
3873.2  Effect of decision that land is mineral.
3873.3  Non-mineral entry of residue of subdivisions invaded by mining 
          claims.

    Authority: 30 U.S.C. 30; 43 U.S.C. 1201, 1457, 1701 et seq.



                       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) Each adverse claim filed must include the processing fee for 
adverse claims found in the fee schedule in Sec. 3000.12 of this 
chapter.

[35 FR 9759, June 13, 1970, as amended at 70 FR 58880, Oct. 7, 2005]



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

[[Page 1017]]

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 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

[[Page 1018]]

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.



              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) A protest by any party, except a Federal agency, must include 
the processing fee for protests found in the fee schedule in 
Sec. 3000.12 of this chapter.

[35 FR 9760, June 13, 1970, as amended at 70 FR 58880, Oct. 7, 2005]



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

[[Page 1019]]

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-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.

[[Page 1020]]

    (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 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.



PART 3900_OIL SHALE MANAGEMENT_GENERAL--Table of Contents



             Subpart 3900_Oil Shale Management_Introduction

Sec.
3900.2  Definitions.
3900.5  Information collection.
3900.10  Lands subject to leasing.
3900.20  Appealing the BLM's decision.
3900.30  Filing documents.
3900.40  Multiple use development of leased or licensed lands.
3900.50  Land use plans and environmental considerations.
3900.61  Federal minerals where the surface is owned or administered by 
          other Federal agencies, by state agencies or charitable 
          organizations, or by private entities.
3900.62  Special requirements to protect the lands and resources.

               Subpart 3901_Land Descriptions and Acreage

3901.10  Land descriptions.
3901.20  Acreage limitations.
3901.30  Computing acreage holdings.

                 Subpart 3902_Qualification Requirements

3902.10  Who may hold leases.
3902.21  Filing of qualification evidence.
3902.22  Where to file.
3902.23  Individuals.
3902.24  Associations, including partnerships.
3902.25  Corporations.
3902.26  Guardians or trustees.
3902.27  Heirs and devisees.
3902.28  Attorneys-in-fact.
3902.29  Other parties in interest.

                Subpart 3903_Fees, Rentals, and Royalties

3903.20  Forms of payment.
3903.30  Where to submit payments.
3903.40  Rentals.
3903.51  Minimum production and payments in lieu of production.
3903.52  Production royalties.
3903.53  Overriding royalties.
3903.54  Waiver, suspension, or reduction of rental or payments in lieu 
          of production, or reduction of royalty, or waiver of royalty 
          in the first 5 years of the lease.
3903.60  Late payment or underpayment charges.

                   Subpart 3904_Bonds and Trust Funds

3904.10  Bonding requirements.
3904.11  When to file bonds.
3904.12  Where to file bonds.
3904.13  Acceptable forms of bonds.
3904.14  Individual lease, exploration license, and reclamation bonds.
3904.15  Amount of bond.
3904.20  Default.
3904.21  Termination of the period of liability and release of bonds.
3904.40  Long-term water treatment trust funds.

                      Subpart 3905_Lease Exchanges

3905.10  Oil shale lease exchanges.

    Authority: 30 U.S.C. 189, 359, and 241(a), 42 U.S.C. 15927, 43 
U.S.C. 1732(b) and 1740.

    Source: 73 FR 69469, Nov. 18, 2008, unless otherwise noted.



             Subpart 3900_Oil Shale Management_Introduction



Sec. 3900.2  Definitions.

    As used in this part and parts 3910 through 3930 of this chapter, 
the term:
    Acquired lands means lands which the United States obtained through 
purchase, gift, or condemnation, including mineral estates associated 
with lands previously disposed of under the public land laws, including 
the mining laws.
    Act means the Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.).
    BLM means the Bureau of Land Management and includes the individual

[[Page 1021]]

employed by the Bureau of Land Management authorized to perform the 
duties set forth in this part and parts 3910 through 3930.
    Commercial quantities means production of shale oil quantities in 
accordance with the approved Plan of Development for the proposed 
project through the research, development, and demonstration activities 
conducted on the research, development, and demonstration (R, D and D) 
lease, based on, and at the conclusion of which, there is a reasonable 
expectation that the expanded operation would provide a positive return 
after all costs of production have been met, including the amortized 
costs of the capital investment.
    Department means the Department of the Interior.
    Diligent development means achieving or completing the prescribed 
milestones listed in Sec. 3930.30 of this chapter.
    Entity means a person, association, or corporation, or any 
subsidiary, affiliate, corporation, or association controlled by or 
under common control with such person, association, or corporation.
    Exploration means drilling, excavating, and geological, geophysical 
or geochemical surveying operations designed to obtain detailed data on 
the physical and chemical characteristics of Federal oil shale and its 
environment including:
    (1) The strata below the Federal oil shale;
    (2) The overburden;
    (3) The strata immediately above the Federal oil shale; and
    (4) The hydrologic conditions associated with the Federal oil shale.
    Exploration license means a license issued by the BLM that allows 
the licensee to explore unleased oil shale deposits to obtain geologic, 
environmental, and other pertinent data concerning the deposits. An 
exploration license confers no preference to a lease to develop oil 
shale.
    Exploration plan means a plan prepared in sufficient detail to show 
the:
    (1) Location and type of exploration to be conducted;
    (2) Environmental protection procedures to be taken;
    (3) Present and proposed roads, if any; and
    (4) Reclamation and abandonment procedures to be followed upon 
completion of operations.
    Fair market value (FMV) means the monetary amount for which the oil 
shale deposit would be leased by a knowledgeable owner willing, but not 
obligated, to lease to a knowledgeable purchaser who desires, but is not 
obligated, to lease the oil shale deposit.
    Federal lands means any lands or interests in lands, including oil 
shale interests underlying non-Federal surface, owned by the United 
States, without reference to how the lands were acquired or what Federal 
agency administers the lands.
    Infrastructure means all support structures necessary for the 
production or development of shale oil, including, but not limited to:
    (1) Offices;
    (2) Shops;
    (3) Maintenance facilities;
    (4) Pipelines;
    (5) Roads;
    (6) Electrical transmission lines;
    (7) Well bores;
    (8) Storage tanks;
    (9) Ponds;
    (10) Monitoring stations;
    (11) Processing facilities--retorts; and
    (12) Production facilities.
    In situ operation means the processing of oil shale in place.
    Interest in a lease, application, or bid means any:
    (1) Record title interest;
    (2) Overriding royalty interest;
    (3) Working interest;
    (4) Operating rights or option or any agreement covering such an 
interest; or
    (5) 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 a lease based on or under any agreement or 
understanding existing when an application was filed or entered into 
while the lease application or bid is pending.
    Kerogen means the solid, organic substance in sedimentary rock that 
yields oil when it undergoes destructive distillation.

[[Page 1022]]

    Lease means a Federal lease issued under the mineral leasing laws, 
which grants the exclusive right to explore for and extract a designated 
mineral.
    Lease bond means the bond or equivalent security given to the 
Department to assure performance of all obligations associated with all 
lease terms and conditions.
    Maximum economic recovery (MER) means the prevention of wasting of 
the resource by recovering the maximum amount of the resource that is 
technologically and economically possible.
    Mining waste means all tailings, dumps, deleterious materials, or 
substances produced by mining, retorting, or in-situ operations.
    MMS means the Minerals Management Service.
    Oil shale means a fine-grained sedimentary rock containing:
    (1) Organic matter which was derived chiefly from aquatic organisms 
or waxy spores or pollen grains, which is only slightly soluble in 
ordinary petroleum solvents, and of which a large proportion is 
distillable into synthetic petroleum; and
    (2) Inorganic matter, which may contain other minerals. This term is 
applicable to any argillaceous, carbonate, or siliceous sedimentary rock 
which, through destructive distillation, will yield synthetic petroleum.
    Permit means any of the required approvals that are issued by 
Federal, state, or local agencies.
    Plan of development (POD) means the plan created for oil shale 
operations that complies with the requirements of the Act and that 
details the plans, equipment, methods, and schedules to be used in oil 
shale development.
    Production means:
    (1) The extraction of shale oil, shale gas, or shale oil by-products 
through surface retorting or in situ recovery methods; or
    (2) The severing of oil shale rock through surface or underground 
mining methods.
    Proper BLM office means the Bureau of Land Management office having 
jurisdiction over the lands under application or covered by a lease or 
exploration license and subject to the regulations in this part and in 
parts 3910 through 3930 of this chapter (see subpart 1821 of part 1820 
of this chapter for a list of BLM state offices).
    Public lands means lands, i.e., surface estate, mineral estate, or 
both, which:
    (1) Never left the ownership of the United States, including 
minerals reserved when the lands were patented;
    (2) Were obtained by the United States in exchange for public lands;
    (3) Have reverted to the ownership of the United States; or
    (4) Were specifically identified by Congress as part of the public 
domain.
    Reclamation means the measures undertaken to bring about the 
necessary reconditioning of lands or waters affected by exploration, 
mining, in situ operations, onsite processing operations or waste 
disposal in a manner which will meet the requirements imposed by the BLM 
under applicable law.
    Reclamation bond means the bond or equivalent security given to the 
BLM to assure performance of all obligations relating to reclamation of 
disturbed areas under an exploration license or lease.
    Secretary means the Secretary of the Interior.
    Shale gas means the gaseous hydrocarbon-bearing products of surface 
retorting of oil shale or of in situ extraction that is not liquefied 
into shale oil. In addition to hydrocarbons, shale gas might include 
other gases such as carbon dioxide, nitrogen, helium, sulfur, other 
residual or specialty gases, and entrained hydrocarbon liquids.
    Shale oil means synthetic petroleum derived from the destructive 
distillation of oil shale.
    Sole party in interest means a party who alone is or will be vested 
with all legal and equitable rights and responsibilities under a lease, 
bid, or application for a lease.
    Surface management agency means the Federal agency with jurisdiction 
over the surface of federally-owned lands containing oil shale deposits.
    State Director means an employee of the Bureau of Land Management 
designated as the chief administrative officer of one of the BLM's 12 
administrative areas administered by a state office.

[[Page 1023]]

    Surface retort means the above-ground facility used for the 
extraction of kerogen by heating mined shale.
    Surface retort operation means the extraction of kerogen by heating 
mined shale in an above-ground facility.
    Synthetic petroleum means synthetic crude oil manufactured from 
shale oil and suitable for use as a refinery feedstock or for 
petrochemical production.



Sec. 3900.5  Information collection.

    (a) OMB has approved the information collection requirements in 
parts 3900 through 3930 of this chapter under 44 U.S.C. 3501 et seq. The 
table in paragraph (d) of this section lists the subpart in the rule 
requiring the information and its title, provides the OMB control 
number, and summarizes the reasons for collecting the information and 
how the BLM uses the information.
    (b) Respondents are oil shale lessees and operators. The requirement 
to respond to the information collections in these parts are mandated 
under the Energy Policy Act of 2005 (EP Act) (42 U.S.C. 15927), the 
Mineral Leasing Act for Acquired Lands of 1947 (30 U.S.C. 351-359), and 
the Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C. 
1701 et seq., including 43 U.S.C. 1732).
    (c) The Paperwork Reduction Act of 1995 requires us to inform the 
public that an agency may not conduct or sponsor, and you are not 
required to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    (d) The BLM is collecting this information for the reasons given in 
the following table:

------------------------------------------------------------------------
 43 CFR Parts 3900-3930, General (1004-       Reasons for collecting
                 0201)                       information and how used
------------------------------------------------------------------------
Section 3904.12........................  Prospective lessee or licensee
Section 3904.14(c)(1)..................   must furnish a bond before a
                                          lease or exploration license
                                          may be issued or transferred
                                          or a plan of development is
                                          approved. The BLM will review
                                          the bond and, if adequate as
                                          to amount and execution, will
                                          accept it in order to
                                          indemnify the United States
                                          against default on payments
                                          due or other performance
                                          obligations. The BLM may also
                                          adjust the bond amount to
                                          reflect changed conditions.
                                          The BLM will cancel the bond
                                          when all requirements are
                                          satisfied.
Section 3910.31........................  For those lands where no
Section 3910.44........................   exploration data is available,
                                          the lease applicant may apply
                                          for an exploration license to
                                          conduct exploration on
                                          unleased public lands to
                                          determine the extent and
                                          specific characteristics of
                                          the Federal oil shale
                                          resource. The BLM will use the
                                          information in the application
                                          to:
                                            (1) Locate the proposed
                                             exploration site;
                                            (2) Determine if the lands
                                             are subject to entry for
                                             exploration;
                                            (3) Prepare a notice of
                                             invitation to other parties
                                             to participate in the
                                             exploration; and
                                            (4) Ensure the exploration
                                             plan is adequate to
                                             safeguard resource values,
                                             and public and worker
                                             health and safety.
                                         The BLM will use this
                                          information from a licensee to
                                          determine if it will offer the
                                          land area for lease.
Section 3921.30........................  Corporations, associations, and
                                          individuals may submit
                                          expressions of leasing
                                          interest for specific areas to
                                          assist the applicable BLM
                                          State Director in determining
                                          whether or not to lease oil
                                          shale. The information
                                          provided will be used in the
                                          consultation with the governor
                                          of the affected state and in
                                          setting a geographic area for
                                          which a call for applications
                                          will be requested.
Sections 3922.20 and 3922.30...........  Entities interested in leasing
                                          the Federal oil shale resource
                                          must file an application in a
                                          geographic area for which the
                                          BLM has issued a ``Call for
                                          Applications.'' The
                                          information provided by the
                                          applicant will be used to
                                          evaluate the impacts of
                                          issuing a proposed lease on
                                          the human environment. Failure
                                          to provide the requested
                                          additional information may
                                          result in suspension or
                                          termination of processing of
                                          the application or in a
                                          decision to deny the
                                          application.
Section 3924.10........................  Prospective lessees will be
                                          required to submit a bid at a
                                          competitive sale in order to
                                          be issued a lease.
Section 3926.10(c).....................  The lessee of an R, D and D
                                          lease may apply for conversion
                                          of the R, D and D lease to a
                                          commercial lease.
Section 3930.11(b).....................  The records, logs, and samples
Section 3930.20(b).....................   provide information necessary
                                          to determine the nature and
                                          extent of oil shale resources
                                          on Federal lands and to
                                          monitor and adjust the extent
                                          of the oil shale reserve.
Section 3931.11........................  The POD must provide for
                                          reasonable protection and
                                          reclamation of the environment
                                          and the protection and
                                          diligent development of the
                                          oil shale resources in the
                                          lease.
Section 3931.30........................  The BLM may, in the interest of
                                          Conservation, order or agree
                                          to a suspension of operations
                                          and production.

[[Page 1024]]

 
Section 3931.41........................  Except for casual use, before
                                          conducting any exploration
                                          operations on federally-leased
                                          or federally-licensed lands,
                                          the lessee must submit an
                                          exploration plan to the BLM
                                          for approval.
Section 3931.50........................  Approved exploration, mining
                                          and in situ development plans
                                          may be modified by the
                                          operator or lessee to adjust
                                          to changed conditions, new
                                          information, improved methods,
                                          and new or improved
                                          technology, or to correct an
                                          oversight.
Section 3931.70........................  Production of all oil shale
                                          products or byproducts must be
                                          reported to the BLM on a
                                          monthly basis.
Section 3931.80........................  Within 30 days after drilling
                                          completion the operator or
                                          lessee must submit to the BLM
                                          a signed copy of records of
                                          all core or test holes made on
                                          the lands covered by the lease
                                          or exploration license.
Sections 3932.10(b) and 3932.30(c).....  A lessee may apply for a
                                          modification of a lease to
                                          include additional Federal
                                          lands adjoining those in the
                                          lease.
Section 3933.31........................  Any lease may be assigned or
                                          subleased, and any exploration
                                          license may be assigned, in
                                          whole or in part, to any
                                          person, association, or
                                          corporation that meets the
                                          qualification requirements at
                                          subpart 3902.
Section 3934.10........................  A lease or exploration license
                                          may be surrendered in whole or
                                          in part.
Section 3935.10........................  Operators or lessees must
                                          maintain production and sale
                                          records which must be
                                          available for the BLM's
                                          examination during regular
                                          business hours.
------------------------------------------------------------------------



Sec. 3900.10  Lands subject to leasing.

    The BLM may issue oil shale leases under this part on all Federal 
lands except:
    (a) Those lands specifically excluded from leasing by the Act;
    (b) Lands within the boundaries of any unit of the National Park 
System, except as expressly authorized by law (Glen Canyon National 
Recreation Area, Lake Mead National Recreation Area, and the Whiskeytown 
Unit of the Whiskeytown-Shasta-Trinity National Recreation Area);
    (c) Lands within incorporated cities, towns and villages; and
    (d) Any other lands withdrawn from leasing.



Sec. 3900.20  Appealing the BLM's decision.

    Any party adversely affected by a BLM decision made under this part 
or parts 3910 through 3930 of this chapter may appeal the decision under 
part 4 of this title. All decisions and orders by the BLM under these 
parts remain effective pending appeal unless the BLM decides otherwise. 
A petition for the stay of a decision may be filed with the Interior 
Board of Land Appeals (IBLA).



Sec. 3900.30  Filing documents.

    (a) All necessary documents must be filed in the proper BLM office. 
A document is considered filed when the proper BLM office receives it 
with any required fee.
    (b) All information submitted to the BLM under the regulations in 
this part or parts 3910 through 3930 will be available to the public 
unless exempt from disclosure under the Freedom of Information Act (5 
U.S.C. 552), under part 2 of this title, or unless otherwise provided 
for by law.



Sec. 3900.40  Multiple use development of leased or licensed lands.

    (a) The granting of an exploration license or lease for the 
exploration, development, or production of deposits of oil shale does 
not preclude the BLM from issuing other exploration licenses or leases 
for the same lands for deposits of other minerals. Each exploration 
license or lease reserves the right to allow any other uses or to allow 
disposal of the leased lands if it does not unreasonably interfere with 
the exploration and mining operations of the lessee. The lessee or the 
licensee must make all reasonable efforts to avoid interference with 
other such authorized uses.
    (b) Subsequent lessee or licensee will be required to conduct 
operations in a manner that will not interfere with the established 
rights of existing lessees or licensees.
    (c) When the BLM issues an oil shale lease, it will cancel all oil 
shale exploration licenses for the leased lands.



Sec. 3900.50  Land use plans and environmental considerations.

    (a) Any lease or exploration license issued under this part or parts 
3910 through 3930 of this chapter will be

[[Page 1025]]

issued in conformance with the decisions, terms, and conditions of a 
comprehensive land use plan developed under part 1600 of this chapter.
    (b) Before a lease or exploration license is issued, the BLM, or the 
appropriate surface management agency, must comply with the requirements 
of the National Environmental Policy Act of 1969 (NEPA).
    (c) Before the BLM approves a POD, the BLM must comply with NEPA, in 
cooperation with the surface management agency when possible, if the 
surface is managed by another Federal agency.



Sec. 3900.61  Federal minerals where the surface is owned or 
administered by other Federal agencies, by state agencies or 
charitable organizations, or by 
          private entities.

    (a) Public lands. Unless consent is required by law, the BLM will 
issue a lease or exploration license only after the BLM has consulted 
with the surface management agency on public lands where the surface is 
administered by an agency other than the BLM. The BLM will not issue a 
lease or an exploration license on lands to which the surface managing 
agency withholds consent required by statute.
    (b) Acquired lands. The BLM will issue a lease on acquired lands 
only after receiving written consent from an appropriate official of the 
surface management agency.
    (c) Lands covered by lease or license. If a Federal surface 
management agency outside of the Department has required special 
stipulations in the lease or license or has refused consent to issue the 
lease or license, an applicant may pursue the administrative remedies to 
challenge that decision offered by that particular surface management 
agency, if any. If the applicant notifies the BLM within 30 calendar 
days after receiving the BLM's decision that the applicant has requested 
the surface management agency to review or reconsider its decision, the 
time for filing an appeal to the IBLA under part 4 of this title is 
suspended until a decision is reached by such agency.
    (d) The BLM will not issue a lease or exploration license on 
National Forest System Lands without the consent of the Forest Service.
    (e) Ownership of surface overlying Federal minerals by states, 
charitable organizations, or private entities. Where the United States 
has conveyed title to the surface of lands to any state or political 
subdivision, agency, or instrumentality thereof, including a college or 
any other educational corporation or association, to a charitable or 
religious corporation or association, or to a private entity, the BLM 
will send such surface owners written notification by certified mail of 
the application for exploration license or lease. In the written 
notification, the BLM will give the surface owners a reasonable time, 
not to exceed 90 calendar days, within which to suggest any lease 
stipulations necessary for the protection of existing surface 
improvements or uses and to set forth the facts supporting the necessity 
of the stipulations, or to file any objections it may have to the 
issuance of the lease or license. The BLM makes the final decision as to 
whether to issue the lease or license and on what terms based on a 
determination as to whether the interests of the United States would 
best be served by issuing the lease or license with the particular 
stipulations. This is true even in cases where the party controlling the 
surface opposes the issuance of a lease or license or wishes to place 
restrictive stipulations on the lease.



Sec. 3900.62  Special requirements to protect the lands and resources.

    The BLM will specify stipulations in a lease or exploration license 
to protect the lands and their resources. This may include stipulations 
required by the surface management agency or recommended by the surface 
management agency or non-Federal surface owner and accepted by the BLM.



               Subpart 3901_Land Descriptions and Acreage



Sec. 3901.10  Land descriptions.

    (a) All lands in an oil shale lease must be described by the legal 
subdivisions of the public land survey system or if the lands are 
unsurveyed, the legal description by metes and bounds.

[[Page 1026]]

    (b) Unsurveyed lands will be surveyed, at the cost of the lease 
applicant, by a surveyor approved or employed by the BLM.



Sec. 3901.20  Acreage limitations.

    No entity may hold more than 50,000 acres of Federal oil shale 
leases on public lands and 50,000 acres on acquired lands in any one 
state. Oil shale lease acreage does not count toward acreage limitations 
associated with leases for other minerals.



Sec. 3901.30  Computing acreage holdings.

    In computing the maximum acreage an entity may hold under a Federal 
lease, on either public lands or acquired lands, in any one state, 
acquired lands and public lands are counted separately. An entity may 
hold up to the maximum acreage of each at the same time.



                 Subpart 3902_Qualification Requirements



Sec. 3902.10  Who may hold leases.

    (a) The following entities may hold leases or interests therein:
    (1) Citizens of the United States;
    (2) Associations (including partnerships and trusts) of such 
citizens; and
    (3) Corporations organized under the laws of the United States or of 
any state or territory thereof.
    (b) Citizens of a foreign country may only hold interest in leases 
through stock ownership, stock holding, or stock control in such 
domestic corporations. Foreign citizens may hold stock in United States 
corporations that hold leases if the Secretary has not determined that 
laws, customs, or regulations of their country deny similar privileges 
to citizens or corporations of the United States.
    (c) A minor may not hold a lease. A legal guardian or trustee of a 
minor may hold a lease.
    (d) An entity must be in compliance with Section 2(a)(2)(A) of the 
Act in order to hold a lease. If the BLM erroneously issues a lease to 
an entity that is in violation of Section 2(a)(2)(A) of the Act, the BLM 
will void the lease.



Sec. 3902.21  Filing of qualification evidence.

    Applicants must file with the BLM a statement and evidence that the 
qualification requirements in this subpart are met. These may be filed 
separately from the lease application, but must be filed in the same 
office as the application. After the BLM accepts the applicant's 
qualifications, any additional information may be provided to the same 
BLM office by referring to the serial number of the record in which the 
evidence is filed. All changes to the qualifications statement must be 
in writing. The evidence provided must be current, accurate, and 
complete.



Sec. 3902.22  Where to file.

    The lease application and qualification evidence must be filed in 
the proper BLM office (see subpart 1821 of part 1820 of this chapter).



Sec. 3902.23  Individuals.

    Individuals who are applicants must provide to the BLM a signed 
statement showing:
    (a) U.S. citizenship; and
    (b) That acreage holdings do not exceed the limits in Sec. 3901.20 
of this chapter. This includes holdings through a corporation, 
association, or partnership in which the individual is the beneficial 
owner of more than 10 percent of the stock or other instruments of 
control.



Sec. 3902.24  Associations, including partnerships.

    Associations that are applicants must provide to the BLM:
    (a) A signed statement that:
    (1) Lists the names, addresses, and citizenship of all members of 
the association who own or control 10 percent or more of the association 
or partnership, and certifies that the statement is true;
    (2) Lists the names of the members authorized to act on behalf of 
the association; and
    (3) Certifies that the association or partnership's acreage holdings 
and those of any member under paragraph (a)(1) of this section do not 
exceed the acreage limits in Sec. 3901.20 of this chapter; and

[[Page 1027]]

    (b) A copy of the articles of association or the partnership 
agreement.



Sec. 3902.25  Corporations.

    Corporate officers or authorized attorneys-in-fact who represent 
applicants must provide to the BLM a signed statement that:
    (a) Names the state or territory of incorporation;
    (b) Lists the name and citizenship of, and percentage of stock 
owned, held, or controlled by, any stockholder owning, holding, or 
controlling more than 10 percent of the stock of the corporation, and 
certifies that the statement is true;
    (c) Lists the names of the officers authorized to act on behalf of 
the corporation; and
    (d) Certifies that the corporation's acreage holdings, and those of 
any stockholder identified under paragraph (b) of this section, do not 
exceed the acreage limits in Sec. 3901.20 of this chapter.



Sec. 3902.26  Guardians or trustees.

    Guardians or trustees for a trust, holding on behalf of a 
beneficiary, who are applicants must provide to the BLM:
    (a) A signed statement that:
    (1) Provides the beneficiary's citizenship;
    (2) Provides the guardian's or trustee's citizenship;
    (3) Provides the grantor's citizenship, if the trust is revocable; 
and
    (4) Certifies the acreage holdings of the beneficiary, the guardian, 
trustee, or grantor, if the trust is revocable, do not exceed the 
aggregate acreage limitations in Sec. 3901.20 of this chapter; and
    (b) A copy of the court order or other document authorizing or 
creating the trust or guardianship.



Sec. 3902.27  Heirs and devisees.

    If an applicant or successful bidder for a lease dies before the 
lease is issued:
    (a) The BLM will issue the lease to the heirs or devisees, or their 
guardian, if probate of the estate has been completed or is not 
required. Before the BLM will recognize the heirs or devisees or their 
guardian as the record title holders of the lease, they must provide to 
the proper BLM office:
    (1) A certified copy of the will or decree of distribution, or if no 
will or decree exists, 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
    (2) A statement signed by each of the heirs or devisees with 
reference to citizenship and holdings as required by Sec. 3902.23 of 
this chapter. If the heir or devisee is a minor, the guardian or trustee 
must sign the statement; and
    (b) The BLM will issue the lease to the executor or administrator of 
the estate if probate is required, but is not completed. In this case, 
the BLM considers the executor or administrator to be the record title 
holder of the lease. Before the BLM will issue the lease to the executor 
or administrator, the executor or administrator must provide to the 
proper BLM office:
    (1) Evidence that the person who, as executor or administrator, 
submits lease and bond forms has authority to act in that capacity and 
to sign those forms;
    (2) A certified list of the heirs or devisees of the deceased; and
    (3) A statement signed by each heir or devisee concerning 
citizenship and holdings, as required by Sec. 3902.23 of this chapter.



Sec. 3902.28  Attorneys-in-fact.

    Attorneys-in-fact must provide to the proper BLM office evidence of 
the authority to act on behalf of the applicant and a statement of the 
applicant's qualifications and acreage holdings if it is also empowered 
to make this statement. Otherwise, the applicant must provide the BLM 
this information separately.



Sec. 3902.29  Other parties in interest.

    If there is more than one party in interest in an application for a 
lease, include with the application the names of all other parties who 
hold or will hold any interest in the application or in the lease. All 
interested parties who wish to hold an interest in a lease must provide 
to the BLM the information required by this subpart to qualify to hold a 
lease interest.

[[Page 1028]]



                Subpart 3903_Fees, Rentals, and Royalties



Sec. 3903.20  Forms of payment.

    All payments must be by U.S. postal money order or negotiable 
instrument payable in U.S. currency. In the case of payments made to the 
MMS, such payments must be made by electronic funds transfer (see 30 CFR 
part 218 for the MMS's payment procedures).



Sec. 3903.30  Where to submit payments.

    (a) All filing and processing fees, all first-year rentals, and all 
bonuses for leases issued under this part or parts 3910 through 3930 of 
this chapter must be paid to the BLM state office that manages the lands 
covered by the application, lease, or exploration license, unless the 
BLM designates a different state office. The first one-fifth bonus 
installment is paid to the appropriate BLM state office. All remaining 
bonus installment payments are paid to the MMS.
    (b) All second-year and subsequent rentals and all other payments 
for leases are paid to the MMS.
    (c) All royalties on producing leases and all payments under leases 
in their minimum production period are paid to the MMS.



Sec. 3903.40  Rentals.

    (a) The rental rate for oil shale leases is $2.00 per acre, or 
fraction thereof, payable annually on or before the anniversary date of 
the lease. Rentals paid for any 1 year are credited against any 
production royalties accruing for that year.
    (b) The BLM will send a notice demanding payment of late rentals. 
Failure to provide payment within 30 calendar days after notification 
will result in the BLM taking action to cancel the lease (see 
Sec. 3934.30 of this chapter).



Sec. 3903.51  Minimum production and payments in lieu of production.

    (a) Each lease must meet its minimum annual production amount of 
shale oil or make a payment in lieu of production for any particular 
lease year, beginning with the 10th lease year.
    (b) The minimum payment in lieu of annual production is established 
in the lease and will not be less than $4 per acre or fraction thereof 
per year, payable in advance. Production royalty payments will be 
credited to payments in lieu of annual production for that year only.



Sec. 3903.52  Production royalties.

    (a) The lessee must pay royalties on all products of oil shale that 
are sold from or transported off of the lease.
    (b) The royalty rate for the products of oil shale is 5 percent of 
the amount or value of production for the first 5 years of commercial 
production. The royalty rate will increase by 1% each year starting the 
sixth year of commercial production to a maximum royalty rate of 12\1/
2\% in the thirteenth year of commercial production.



Sec. 3903.53  Overriding royalties.

    The lessee must file documentation of all overriding royalties 
(payments out of production to an entity other than the United States) 
associated with the lease in the proper BLM office within 90 calendar 
days after execution of the assignment of the overriding royalties.



Sec. 3903.54  Waiver, suspension, or reduction of rental or payments 
in lieu of production, or reduction of royalty, or waiver of royalty 
in the first 5 years of the lease.
          

    (a) In order to encourage the maximum economic recovery (MER) of the 
leased mineral(s), and in the interest of conservation, whenever the BLM 
determines it is necessary to promote development or finds that leases 
cannot be successfully operated under the lease terms, the BLM may 
waive, suspend, or reduce the rental or payment in lieu of production, 
reduce the rate of royalty, or in the first 5 years of the lease, waive 
the royalty.
    (b) Applications for waivers, suspension or reduction of rentals or 
payment in lieu of production, reduction in royalty, or waiver of 
royalty for the first 5 years of the lease must contain the serial 
number of the lease, the name of the record title holder, the operator 
or sub-lessee, a description of the lands by

[[Page 1029]]

legal subdivision, and the following information:
    (1) The location of each oil shale mine or operation, and include:
    (i) A map showing the extent of the mining or development 
operations;
    (ii) 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
    (iii) The average production per day mined for each month, and 
complete information as to why the minimum production was not attained;
    (2) Each application must contain:
    (i) A detailed statement of expenses and costs of operating the 
entire lease;
    (ii) The income from the sale of any leased products;
    (iii) All facts showing whether the mines can be successfully 
operated under the royalty or rental fixed in the lease; and
    (iv) Where the application is for a reduction in royalty, 
information 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 those payments;
    (3) Any overriding royalties cannot be greater in aggregate than 
one-half the royalties paid to the United States.
    (c) Contact the proper BLM office for detailed information on 
submitting copies of these applications electronically.



Sec. 3903.60  Late payment or underpayment charges.

    Late payment or underpayment charges will be assessed under MMS 
regulations at 30 CFR 218.202.



                   Subpart 3904_Bonds and Trust Funds



Sec. 3904.10  Bonding requirements.

    (a) Prior to issuing a lease or exploration license, the BLM 
requires exploration license or lease bonds for each lease or 
exploration license that covers all liabilities, other than reclamation, 
that may arise under the lease or license. The bond must be executed by 
the lessee and cover all record title owners, operating rights owners, 
operators, and any person who conducts operations or is responsible for 
payments under a lease or license.
    (b) Before the BLM will approve a POD, the lessee must provide to 
the proper BLM office a reclamation bond to cover all costs the BLM 
estimates will be necessary to cover reclamation.



Sec. 3904.11  When to file bonds.

    File the lease bond before the BLM will issue the lease, file the 
reclamation bond before the BLM will approve the POD, and file the 
exploration bond before the BLM will issue the exploration license.



Sec. 3904.12  Where to file bonds.

    File one copy of the bond form with original signatures in the 
proper BLM state office. Bonds must be filed on an approved BLM form. 
The obligor of a personal bond must sign the form. Surety bonds must 
have the lessee's and the acceptable surety's signatures.



Sec. 3904.13  Acceptable forms of bonds.

    (a) The BLM will accept either a personal bond or a surety bond. 
Personal bonds are pledges of any of the following:
    (1) Cash;
    (2) Cashier's check;
    (3) Certified check; or
    (4) Negotiable U.S. Treasury bonds equal in value to the bond 
amount. Treasury bonds must give the Secretary authority to sell the 
securities in the case of failure to comply with the conditions and 
obligations of the exploration license or lease.
    (b) Surety bonds must be issued by qualified surety companies 
approved by the Department of the Treasury. A list of qualified sureties 
is available at any BLM state office.



Sec. 3904.14  Individual lease, exploration license, and reclamation
bonds.

    (a) The BLM will determine individual lease bond amounts on a case-
by-case basis. The minimum lease bond amount is $25,000.
    (b) The BLM will determine reclamation bond and exploration license 
bond amounts on a case-by-case basis when it approves a POD or 
exploration plan. The reclamation or exploration license

[[Page 1030]]

bond must be sufficient to cover the estimated cost of site reclamation.
    (c) The BLM may enter into agreements with states to accept a state 
reclamation bond to cover the BLM's reclamation bonding requirements if 
it is adequate to cover both the Federal liabilities and all others for 
which it stands as security. The BLM may request additional information 
from the lessee or operator to determine whether the state bond will 
cover all of the BLM's reclamation requirements.
    (1) If a state bond is to be used to satisfy the BLM bonding 
requirements, evidence verifying that the existing state bond will 
satisfy all the BLM reclamation bonding requirements must be filed in 
the proper BLM office.
    (2) The BLM will require an additional bond if the BLM determines 
that the state bond is inadequate to cover all of the potential 
liabilities for your BLM leases.



Sec. 3904.15  Amount of bond.

    (a) The BLM may increase or decrease the required bond amount if it 
determines that a change in amount is appropriate to cover the costs and 
obligations of complying with the requirements of the lease or license 
and these regulations. The BLM will not decrease the bond amount below 
the minimum (see Sec. 3904.14(a)).
    (b) The lessee or operator must submit to the BLM every three years 
after reclamation bond approval a revised estimate of the reclamation 
costs. The BLM will verify the revised estimate of the reclamation costs 
submitted by the lessee or operator. If the current bond does not cover 
the revised estimate of reclamation costs, the lessee or operator must 
increase the reclamation bond amount to meet or exceed the revised cost 
estimate.



Sec. 3904.20  Default.

    (a) The BLM will demand payment from the lease bond to cover 
nonpayment of any rental or royalty owed or the reclamation or 
exploration license bond for any reclamation obligations that are not 
met. The BLM will reduce the bond amount by the amount of the payment 
made to cover the default.
    (b) After any default, the BLM will provide notification of the 
amount required to restore the bond to the required level. A new bond or 
an increase in the existing bond to its pre-default level must be 
provided to the proper BLM office within 6 months of the BLM's written 
notification that the bond is below its required level. The BLM may 
accept separate or substitute bonds for each exploration license or 
lease. The BLM may take action to cancel the lease or exploration 
license covered by the bond if sufficient additional bond is not 
provided within the six month time period.



Sec. 3904.21  Termination of the period of liability and release
of bonds.

    (a) The BLM will not consent to termination of the period of 
liability under a bond unless an acceptable replacement bond has been 
filed.
    (b) Terminating the period of liability of a bond ends the period 
during which obligations continue to accrue, but does not relieve the 
surety of the responsibility for obligations that accrued during the 
period of liability.
    (c) A lease bond will be released when BLM determines that all lease 
obligations accruing during the period of liability have been fulfilled.
    (d) A reclamation bond or license bond will be released when the BLM 
determines that the reclamation obligations arising within the period of 
liability have been met and that the reclamation has succeeded to the 
BLM's satisfaction.
    (e) The BLM will release a bond when it accepts a replacement bond 
in which the surety expressly assumes liability for all obligations that 
accrued within the period of liability of the original bond.



Sec. 3904.40  Long-term water treatment trust funds.

    (a) The BLM may require the operator or lessee to establish a trust 
fund or other funding mechanism to ensure the continuation of long-term 
treatment to achieve water quality standards and for other long-term, 
post-mining maintenance requirements. The funding must be adequate to 
provide for the construction, long-term operation, maintenance, or 
replacement of

[[Page 1031]]

any treatment facilities and infrastructure, for as long as the 
treatment and facilities are needed after mine closure. The BLM may 
identify the need for a trust fund or other funding mechanism during 
plan review or later.
    (b) In determining whether a trust fund will be required, the BLM 
will consider the following factors:
    (1) The anticipated post-mining obligations (PMO) that are 
identified in the environmental document or approved POD;
    (2) Whether there is a reasonable degree of certainty that the 
treatment will be required based on accepted scientific evidence or 
models;
    (3) The determination that the financial responsibility for those 
obligations rests with the operator; and
    (4) Whether it is feasible, practical, or desirable to require 
separate or expanded reclamation bonds for those anticipated long-term 
PMOs.



                      Subpart 3905_Lease Exchanges



Sec. 3905.10  Oil shale lease exchanges.

    To facilitate the recovery of oil shale, the BLM may consider land 
exchanges where appropriate and feasible to consolidate land ownership 
and mineral interest into manageable areas. Exchanges are covered under 
part 2200 of this chapter.



PART 3910_OIL SHALE EXPLORATION LICENSES--Table of Contents



                    Subpart 3910_Exploration Licenses

Sec.
3910.21  Lands subject to exploration.
3910.22  Lands managed by agencies other than the BLM.
3910.23  Requirements for conducting exploration activities.
3910.31  Filing of an application for an exploration license.
3910.32  Environmental analysis.
3910.40  Exploration license requirements.
3910.41  Issuance, modification, relinquishment, and cancellation.
3910.42  Limitations on exploration licenses.
3910.44  Collection and submission of data.
3910.50  Surface use.

    Authority: 25 U.S.C. 396(d) and 2107, 30 U.S.C. 241(a), 42 U.S.C. 
15927, 43 U.S.C. 1732(b) and 1740.

    Source: 73 FR 69475, Nov. 18, 2008, unless otherwise noted.



                    Subpart 3910_Exploration Licenses



Sec. 3910.21  Lands subject to exploration.

    The BLM may issue oil shale exploration licenses for all Federal 
lands subject to leasing under Sec. 3900.10 of this chapter, except 
lands that are in an existing oil shale lease or in preference right 
leasing areas under the R, D and D program. The BLM may issue 
exploration licenses for lands in preference right lease areas only to 
the R, D and D lessee.



Sec. 3910.22  Lands managed by agencies other than the BLM.

    (a) The consent and consultation procedures required by Sec. 3900.61 
of this chapter also apply to exploration license applications.
    (b) If exploration activities could affect the adjacent lands under 
the surface management of a Federal agency other than the BLM, the BLM 
will consult with that agency before issuing an exploration license.



Sec. 3910.23  Requirements for conducting exploration activities.

    Exploration activities on Federal lands require an exploration 
license or oil shale lease. Activities on a license or lease without an 
approved plan of operation must be conducted pursuant to an approved 
exploration plan under Sec. 3931.40 of this chapter. The licensee may 
not remove any oil shale for sale, but may remove a reasonable amount of 
oil shale for analysis and study.



Sec. 3910.31  Filing of an application for an exploration license.

    (a) Applications for exploration licenses must be submitted to the 
proper BLM office.
    (b) No specific form is required. Applications must include:
    (1) The name and address of the applicant(s);
    (2) The filing fee for an exploration license application found in 
the fee schedule in Sec. 3000.12 of this chapter;
    (3) A description of the lands covered by the application according 
to section, township and range in accordance

[[Page 1032]]

with the public lands survey system or, if the lands are unsurveyed 
lands, the legal description by metes and bounds; and
    (4) An acceptable electronic format or 3 paper copies of an 
exploration plan that complies with the requirements of Sec. 3931.41 of 
this chapter. Contact the proper BLM office for detailed information on 
submitting copies electronically.
    (c) An exploration license application may 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 justification for an exception to the normal acreage 
limitation.
    (d) Applicants for exploration licenses are required to invite other 
parties to participate in exploration under the license on a pro rata 
cost share basis.
    (e) Using information supplied by the applicant, the BLM will 
prepare a notice of invitation and post the notice in the proper BLM 
office for 30 calendar days. The applicant will publish the BLM-approved 
notice once a week for 2 consecutive weeks in at least 1 newspaper of 
general circulation in the area where the lands covered by the 
exploration license application are situated. The notification must 
invite the public to participate in the exploration under the license 
and contain the name and location of the BLM office in which the 
application is available for inspection.
    (f) If any person wants to participate in the exploration program, 
the applicant and the BLM must receive written notice from that person 
within 30 calendar days after the end of the 30-day posting period. A 
person who wants to participate in the exploration program must:
    (1) State in their notification that they are willing to share in 
the cost of the exploration on a pro-rata share basis; and
    (2) Describe any modifications to the exploration program that the 
BLM should consider.
    (g) To avoid duplication of exploration activities in an area, the 
BLM may:
    (1) Require modification of the original exploration plan to 
accommodate the exploration needs of those seeking to participate; or
    (2) Notify those seeking to participate that they should file a 
separate application for an exploration license.

[73 FR 69475, Nov. 18, 2008, as amended at 75 FR 55683, Sept. 14, 2010]



Sec. 3910.32  Environmental analysis.

    (a) Before the BLM will issue an exploration license, the BLM, in 
consultation with any affected surface management agency, will perform 
the appropriate NEPA analysis of the actions contemplated in the 
application.
    (b) For each exploration license, the BLM will include terms and 
conditions needed to protect the environment and resource values of the 
area and to ensure reclamation of the lands disturbed by the exploration 
activities.



Sec. 3910.40  Exploration license requirements.

    The licensee must comply with all applicable Federal, state, and 
local laws and regulations, the terms and conditions of the license, and 
the approved exploration plan. The operator or licensee must notify the 
BLM of any change of address or operator or licensee name.



Sec. 3910.41  Issuance, modification, relinquishment, and cancellation.

    (a) The BLM may:
    (1) Issue an exploration license; or
    (2) Reject an application for an exploration license based on, but 
not limited to:
    (i) The need for resource information;
    (ii) The environmental analysis;
    (iii) The completeness of the application; or
    (iv) Any combination of these factors.
    (b) An exploration license is effective on the date the BLM 
specifies, which is also the date when exploration activities may begin. 
An exploration license is valid for a period of up to 2 years after the 
effective date of the license or as specified in the license.
    (c) The BLM-approved exploration plan will be attached and made a 
part of each exploration license (see subpart 3931 of part 3930 of this 
chapter).
    (d) After consultation with the surface management agency, the BLM

[[Page 1033]]

may approve modification of the exploration license proposed by the 
licensee in writing if geologic or other conditions warrant. The BLM 
will not add lands to the license once it has been issued.
    (e) Subject to the continued obligation of the licensee and the 
surety to comply with the terms and conditions of the exploration 
license, the exploration plan, and these regulations, a licensee may 
relinquish an exploration license for any or all of the lands covered by 
it. A relinquishment must be filed in the BLM state office in which the 
original application was filed.
    (f) The BLM may terminate an exploration license for noncompliance 
with its terms and conditions and part 3900, this part, and parts 3920 
and 3930 of this chapter.



Sec. 3910.42  Limitations on exploration licenses.

    (a) The issuance of an exploration license for an area will not 
preclude the BLM's approval of an exploration license or issuance of a 
Federal oil shale lease for the same lands.
    (b) If an oil shale lease is issued for an area covered by an 
exploration license, the BLM will terminate the exploration license on 
the effective date of the lease for those lands that are common to both.



Sec. 3910.44  Collection and submission of data.

    Upon the BLM's request, the licensee must provide copies of all data 
obtained under the exploration license in the format requested by the 
BLM. To the extent authorized by the Freedom of Information Act, the BLM 
will consider the data confidential and proprietary until the BLM 
determines that public access to the data will not damage the 
competitive position of the licensee or the lands involved have been 
leased, whichever comes first. The licensee must submit to the proper 
BLM office all data obtained under the exploration license.



Sec. 3910.50  Surface use.

    Operations conducted under an exploration license must:
    (a) Not unreasonably interfere with or endanger any other lawful 
activity on the same lands;
    (b) Not damage any improvements on the lands; and
    (c) Comply with all applicable Federal, state, and local laws and 
regulations.



PART 3920_OIL SHALE LEASING--Table of Contents



                    Subpart 3921_Pre-Sale Activities

Sec.
3921.10  Special requirements related to land use planning.
3921.20  Compliance with the National Environmental Policy Act.
3921.30  Call for expression of leasing interest.
3921.40  Comments from governors, local governments, and interested 
          Indian tribes.
3921.50  Determining the geographic area for receiving applications to 
          lease.
3921.60  Call for applications.

                   Subpart 3922_Application Processing

3922.10  Application processing fee.
3922.20  Application contents.
3922.30  Application--Additional information.
3922.40  Tract delineation.

                        Subpart 3923_Minimum Bid

3923.10  Minimum bid.

                   Subpart 3924_Lease Sale Procedures

3924.5  Notice of sale.
3924.10  Lease sale procedures and receipt of bids.

                       Subpart 3925_Award of Lease

3925.10  Award of lease.

 Subpart 3926_Conversion of Preference Right for Research, Development, 
                  and Demonstration (R, D and D) Leases

3926.10  Conversion of an R, D and D lease to a commercial lease.

                        Subpart 3927_Lease Terms

3927.10  Lease form.
3927.20  Lease size.
3927.30  Lease duration and notification requirement.
3927.40  Effective date of leases.
3927.50  Diligent development.

    Authority: 30 U.S.C. 241(a), 42 U.S.C. 15927, 43 U.S.C. 1732(b) and 
1740.

[[Page 1034]]


    Source: 73 FR 69477, Nov. 18, 2008, unless otherwise noted.



                    Subpart 3921_Pre-Sale Activities



Sec. 3921.10  Special requirements related to land use planning.

    The State Director may call for expressions of leasing interest as 
described in Sec. 3921.30 after areas available for leasing have been 
identified in a land use plan completed under part 1600 of this chapter.



Sec. 3921.20  Compliance with the National Environmental Policy Act.

    Before the BLM will offer a tract for competitive lease sale under 
subpart 3924, the BLM must prepare a NEPA analysis of the proposed lease 
area under 40 CFR parts 1500 through 1508 either separately or in 
conjunction with a land use planning action.



Sec. 3921.30  Call for expression of leasing interest.

    The State Director may implement the provisions of Secs. 3921.40 
through 3921.60 after review of any responses received as a result of a 
call for expression of leasing interest. The BLM notice calling for 
expressions of leasing interest will:
    (a) Be published in the Federal Register and in at least 1 newspaper 
of general circulation in each affected state for 2 consecutive weeks;
    (b) Allow no less than 30 calendar days to submit expressions of 
interest;
    (c) Request specific information including the name and address of 
the respondent and the legal land description of the area of interest;
    (d) State that all information submitted under this subpart must be 
available for public inspection; and
    (e) Include a statement indicating that data which is considered 
proprietary must not be submitted as part of an expression of leasing 
interest.



Sec. 3921.40  Comments from governors, local governments, and 
interested Indian tribes.

    After the BLM receives responses to the call for expression of 
leasing interest, the BLM will notify the appropriate state governor's 
office, local governments, and interested Indian tribes and allow them 
an opportunity to provide comments regarding the responses and other 
issues related to oil shale leasing. The BLM will only consider those 
comments it receives within 60 calendar days after the notification 
requesting comments.



Sec. 3921.50  Determining the geographic area for receiving 
applications to lease.

    After analyzing expressions of leasing interest received under 
Sec. 3921.30 and complying with the procedures at Sec. 3921.40 of this 
chapter, the State Director may determine a geographic area for 
receiving applications to lease. The BLM may also include additional 
geographic areas available for lease in addition to lands identified in 
expressions of interest to lease.



Sec. 3921.60  Call for applications.

    If, as a result of the analysis of the expression of leasing 
interest, the State Director determines that there is interest in having 
a competitive sale, the State Director may publish a notice in the 
Federal Register requesting applications to lease. The notice will:
    (a) Describe the geographic area the BLM determined is available for 
application under Sec. 3921.50;
    (b) Allow no less than 90 calendar days for interested parties to 
submit applications to the proper BLM office; and
    (c) Provide that applications submitted to the BLM must meet the 
requirements at subpart 3922.



                   Subpart 3922_Application Processing



Sec. 3922.10  Application processing fee.

    (a) An applicant nominating or applying for a tract for competitive 
leasing must pay a cost recovery or processing fee that the BLM will 
determine on a case-by-case basis as described in Sec. 3000.11 of this 
chapter and as modified by the following provisions.
    (b) The cost recovery process for a competitive oil shale lease is 
as follows:
    (1) The applicant nominating the tract for competitive leasing must 
pay the fee before the BLM will process the

[[Page 1035]]

application and publish a notice of competitive lease sale;
    (2) The BLM will publish a sale notice no later than 30 days before 
the proposed sale. The BLM will include in the sale notice a statement 
of the total cost recovery fee paid to the BLM by the applicant, up to 
30 calendar days before the sale;
    (3) Before the lease is issued:
    (i) The successful bidder, if someone other than the applicant, must 
pay to the BLM the cost recovery amount specified in the sale notice, 
including the cost of the NEPA analysis; and
    (ii) The successful bidder must pay all processing costs the BLM 
incurs after the date of the sale notice;
    (4) If the successful bidder is someone other than the applicant, 
the BLM will refund to the applicant the amount paid under paragraph 
(b)(1) of this section;
    (5) If there is no successful bidder, the applicant is responsible 
for all processing fees; and
    (6) If the successful bidder is someone other than the applicant, 
within 30 calendar days after the lease sale, the successful bidder must 
file an application in accordance with Sec. 3922.20.



Sec. 3922.20  Application contents.

    A lease application must be filed by any party seeking to obtain a 
lease. Lease applications must be filed in the proper BLM State Office. 
No specific form of application is required, but the application must 
include information necessary to evaluate the impacts on the human 
environment of issuing the proposed lease or leases. Except as otherwise 
requested by the BLM, the application must include, but not be limited 
to, the following:
    (a) Name, address, and telephone number of applicant, and a 
qualification statement, as required by subpart 3902 of this chapter;
    (b) A delineation of the proposed lease area or areas, the surface 
ownership (if other than the United States) of those areas, a 
description of the quality, thickness, and depth of the oil shale and of 
any other resources the applicant proposes to extract, and environmental 
data necessary to assess impacts from the proposed development; and
    (c) A description of the proposed extraction method, including 
personnel requirements, production levels, and transportation methods, 
including:
    (1) A description of the mining, retorting, or in situ mining or 
processing technology that the operator would use and whether the 
proposed development technology is substantially identical to a 
technology or method currently in use to produce marketable commodities 
from oil shale deposits;
    (2) An estimate of the maximum surface area of the lease area that 
will be disturbed or be undergoing reclamation at any one time;
    (3) A description of the source and quantities of water to be used 
and of the water treatment and disposal methods necessary to meet 
applicable water quality standards;
    (4) A description of the regulated air emissions;
    (5) A description of the anticipated noise levels from the proposed 
development;
    (6) A description of how the proposed lease development would comply 
with all applicable statutes and regulations governing management of 
chemicals and disposal of solid waste. If the proposed lease development 
would include disposal of wastes on the lease site, include a 
description of measures to be used to prevent the contamination of soil 
and of surface and ground water;
    (7) A description of how the proposed lease development would avoid, 
or, to the extent practicable, mitigate impacts on species or habitats 
protected by applicable state or Federal law or regulations, and impacts 
on wildlife habitat management;
    (8) A description of reasonably foreseeable social, economic, and 
infrastructure impacts on the surrounding communities, and on state and 
local governments from the proposed development;
    (9) A description of the known historical, cultural, or 
archaeological resources within the lease area;
    (10) A description of infrastructure that would likely be required 
for the proposed development and alternative locations of those 
facilities, if applicable;
    (11) A discussion of proposed measures or plans to mitigate any 
adverse

[[Page 1036]]

socioeconomic or environmental impacts to local communities, services 
and infrastructure;
    (12) A brief description of the reclamation methods that will be 
used;
    (13) Any other information that shows that the application meets the 
requirements of this subpart or that the applicant believes would assist 
the BLM in analyzing the impacts of the proposed development; and
    (14) A map, or maps, showing:
    (i) The topography, physical features, and natural drainage 
patterns;
    (ii) Existing roads, vehicular trails, and utility systems;
    (iii) The location of any proposed exploration operations, including 
seismic lines and drill holes;
    (iv) 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
    (v) The location of water sources or other resources that may be 
used in the proposed operations and facilities.



Sec. 3922.30  Application--Additional information.

    At any time during processing of the application, or the 
environmental or similar assessments of the application, the BLM may 
request additional information from the applicant. Failure to provide 
the best available and most accurate information may result in 
suspension or termination of processing of the application, or in a 
decision to deny the application.



Sec. 3922.40  Tract delineation.

    (a) The BLM will delineate tracts for competitive sale to provide 
for the orderly development of the oil shale resource.
    (b) The BLM may delineate more or less lands than were covered by an 
application for any reason the BLM determines to be in the public 
interest.
    (c) The BLM may delineate tracts in any area acceptable for further 
consideration for leasing, whether or not expressions of leasing 
interest or applications have been received for those areas.
    (d) Where the BLM receives more than 1 application covering the same 
lands, the BLM may delineate the lands that overlap as a separate tract.



                        Subpart 3923_Minimum Bid



Sec. 3923.10  Minimum bid.

    The BLM will not accept any bid that is less than the FMV as 
determined under Sec. 3924.10(d). In no case may the minimum bid be less 
than $1,000 per acre.



                   Subpart 3924_Lease Sale Procedures



Sec. 3924.5  Notice of sale.

    (a) After the BLM complies with subparts 3921and 3922, the BLM may 
publish a notice of the lease sale in the Federal Register containing 
all information required by paragraph (b) of this section. The BLM will 
also publish a similar notice of lease sale that complies with this 
section once a week for 3 consecutive weeks, or such other time deemed 
appropriate by the BLM, in 1 or more newspapers of general circulation 
in the county or counties in which the oil shale lands are situated. The 
notice of the sale will be posted in the appropriate State Office at 
least 30 days prior to the lease sale.
    (b) The notice of sale will:
    (1) List the time and place of sale, the bidding method, and the 
legal land descriptions of the tracts being offered;
    (2) Specify where a detailed statement of lease terms, conditions, 
and stipulations may be obtained;
    (3) Specify the royalty rate and the amount of the annual rental;
    (4) Specify that, prior to lease issuance, the successful bidder for 
a particular lease must pay the identified cost recovery amount, 
including the bidder's proportionate share of the total cost of the NEPA 
analysis and of publication of the notice; and
    (5) Contain such other information as the BLM deems appropriate.
    (c) The detailed statement of lease terms, conditions, and 
stipulations will, at a minimum, contain:
    (1) A complete copy of each lease and all lease stipulations to the 
lease; and

[[Page 1037]]

    (2) Resource information relevant to the tracts being offered for 
lease and the minimum production requirement.



Sec. 3924.10  Lease sale procedures and receipt of bids.

    (a) The BLM will accept sealed bids only as specified in the notice 
of sale and will return to the bidder any sealed bid submitted after the 
time and date specified in the sale notice. Each sealed bid must 
include:
    (1) A certified check, cashier's check, bank draft, money order, 
personal check, or cash for one-fifth of the amount of the bonus; and
    (2) A qualifications statement signed by the bidder as described in 
subpart 3902 of this chapter.
    (b) At the time specified in the sale notice, the BLM will open and 
read all bids and announce the highest bid. The BLM will make a record 
of all bids.
    (c) No decision to accept or reject the high bid will be made at the 
time of sale.
    (d) After the sale, the BLM will convene a sales panel to determine:
    (1) If the high bid was submitted in compliance with the terms of 
the notice of sale and these regulations;
    (2) If the high bid reflects the FMV of the tract; and
    (3) Whether the high bidder is qualified to hold the lease.
    (e) The BLM may reject any or all bids regardless of the amount 
offered, and will not accept any bid that is less than the FMV. The BLM 
will notify the high bidder whose bid has been rejected in writing and 
include a statement of reasons for the rejection.
    (f) The BLM may offer the lease to the next highest qualified bidder 
if the successful bidder fails to execute the lease or for any reason is 
disqualified from receiving the lease.
    (g) The balance of the bonus bid is due and payable to the MMS in 4 
equal annual installments on each of the first 4 anniversary dates of 
the lease, unless otherwise specified in the lease.



                       Subpart 3925_Award of Lease



Sec. 3925.10  Award of lease.

    (a) The lease will be awarded to the highest qualified bidder whose 
bid meets or exceeds the BLM's estimate of FMV, except as provided in 
Sec. 3924.10. The BLM will provide the successful bidder 3 copies of the 
oil shale lease form for execution.
    (b) Within 60 calendar days after receipt of the lease forms, the 
successful bidder must sign all copies and return them to the proper BLM 
office. The successful bidder must also submit the necessary lease bond 
(see subpart 3904 of this chapter), the first year's rental, any unpaid 
cost recovery fees, including costs associated with the NEPA analysis, 
and the bidder's proportionate share of the cost of publication of the 
sale notice. The BLM may, upon written request, grant an extension of 
time to submit the items under this paragraph.
    (c) If the successful bidder does not comply with this section, the 
BLM will not issue the lease and the bidder forfeits the one-fifth bonus 
payment submitted with the bid.
    (d) If the lease cannot be awarded for reasons determined by the BLM 
to be beyond the control of the successful bidder, the BLM will refund 
the deposit submitted with the bid.
    (e) If the successful bidder was not an applicant under 
Sec. 3922.20, the successful bidder must submit an application and the 
BLM may require additional NEPA analysis of the successful bidder's 
proposed operations.



 Subpart 3926_Conversion of Preference Right for Research, Development, 
                  and Demonstration (R, D and D) Leases



Sec. 3926.10  Conversion of an R, D and D lease to a commercial lease.

    (a) Applications to convert R, D and D leases, including preference 
right areas, into commercial leases, are subject to the regulations at 
parts 3900 and 3910, this part, and part 3930, except for lease sale 
procedures at subparts 3921 and 3924 and Sec. 3922.40.
    (b) A lessee of an R, D and D lease must apply for the conversion of 
the R, D and D lease to a commercial lease no later than 90 calendar 
days after the commencement of production in commercial quantities. No 
specific form of application is required. The application for conversion 
must be filed in the

[[Page 1038]]

BLM state office that issued the R, D and D lease. The conversion 
application must include:
    (1) Documentation that there have been commercial quantities of oil 
shale produced from the lease, including the narrative required by the 
R, D and D leases;
    (2) Documentation that the lessee consulted with state and local 
officials to develop a plan for mitigating the socioeconomic impacts of 
commercial development on communities and infrastructure;
    (3) A bid payment no less than specified in Sec. 3923.10 and equal 
to the FMV of the lease; and
    (4) Bonding as required by Sec. 3904.14 of this chapter.
    (c) The lessee of an R, D and D lease has the exclusive right to 
acquire any and all portions of the preference right area designated in 
the R, D and D lease up to a total of 5,120 acres in the lease. The BLM 
will approve the conversion application, in whole or in part, if it 
determines that:
    (1) There have been commercial quantities of shale oil produced from 
the lease;
    (2) The bid payment for the lease met FMV;
    (3) The lessee consulted with state and local officials to develop a 
plan for mitigating the socioeconomic impacts of commercial development 
on communities and infrastructure;
    (4) The bond is consistent with Sec. 3904.14 of this chapter; and
    (5) Commercial scale operations can be conducted, subject to 
mitigation measures to be specified in stipulations or regulations, in a 
manner that complies with applicable law and regulation.
    (d) The commercial lease must contain terms consistent with the 
regulations in parts 3900 and 3910 of this chapter, this part, and part 
3930 of this chapter, and stipulations developed through appropriate 
NEPA analysis.



                        Subpart 3927_Lease Terms



Sec. 3927.10  Lease form.

    Leases are issued on a BLM approved standard form. The BLM may 
modify those provisions of the standard form that are not required by 
statute or regulations and may add such additional stipulations and 
conditions, as appropriate, with notice to bidders in the notice of 
sale.



Sec. 3927.20  Lease size.

    The maximum size of an oil shale lease is 5,760 acres.



Sec. 3927.30  Lease duration and notification requirement.

    Leases issue for a period of 20 years and continue as long as there 
is annual minimum production or as long as there are payments in lieu of 
production (see Sec. 3903.51 of this chapter). The BLM may initiate 
procedures to cancel a lease under subpart 3934 of this chapter for not 
maintaining annual minimum production, for not making the payment in 
lieu of production, or for not complying with the lease terms, including 
the diligent development milestones (see Sec. 3930.30 of this chapter). 
The operator or lessee must notify the BLM of any change of address or 
operator or lessee name.



Sec. 3927.40  Effective date of leases.

    Leases are dated and effective the first day of the month following 
the date the BLM signs it. However, upon receiving a prior written 
request, the BLM may make the effective date of the lease the first day 
of the month in which the BLM signs it.



Sec. 3927.50  Diligent development.

    Oil shale lessees must meet:
    (a) Diligent development milestones;
    (b) Annual minimum production requirements or payments in lieu of 
production starting the 10th lease year, except when the BLM determines 
that operations under the lease are interrupted by strikes, the 
elements, or causes not attributable to the lessee. Market conditions 
are not considered a valid reason to waive or suspend the requirements 
for annual minimum production. The BLM will determine the annual 
production requirements based on the extraction technology to be used 
and on the BLM's estimate of the recoverable resources on the lease, 
expected life of the operation, and other factors.

[[Page 1039]]



PART 3930_MANAGEMENT OF OIL SHALE EXPLORATION AND LEASES--
Table of Contents



  Subpart 3930_Management of Oil Shale Exploration Licenses and Leases

Sec.
3930.10  General performance standards.
3930.11  Performance standards for exploration and in situ operations.
3930.12  Performance standards for underground mining.
3930.13  Performance standards for surface mines.
3930.20  Operations.
3930.30  Diligent development milestones.
3930.40  Assessments for missing diligence milestones.

         Subpart 3931_Plans of Development and Exploration Plans

3931.10  Exploration plans and plans of development for mining and in 
          situ operations.
3931.11  Content of plan of development.
3931.20  Reclamation.
3931.30  Suspension of operations and production.
3931.40  Exploration.
3931.41  Content of exploration plan.
3931.50  Exploration plan and plan of development modifications.
3931.60  Maps of underground and surface mine workings and in situ 
          surface operations.
3931.70  Production maps and production reports.
3931.80  Core or test hole samples and cuttings.
3931.100  Boundary pillars and buffer zones.

           Subpart 3932_Lease Modifications and Readjustments

3932.10  Lease size modification.
3932.20  Lease modification land availability criteria.
3932.30  Terms and conditions of a modified lease.
3932.40  Readjustment of lease terms.

                 Subpart 3933_Assignments and Subleases

3933.10  Leases or licenses subject to assignment or sublease.
3933.20  Filing fees.
3933.31  Record title assignments.
3933.32  Overriding royalty interests.
3933.40  Account status.
3933.51  Bond coverage.
3933.52  Continuing responsibility under assignment and sublease.
3933.60  Effective date.
3933.70  Extensions.

      Subpart 3934_Relinquishment, Cancellations, and Terminations

3934.10  Relinquishments.
3934.21  Written notice of default.
3934.22  Causes and procedures for lease cancellation.
3934.30  License terminations.
3934.40  Payments due.
3934.50  Bona fide purchasers.

                Subpart 3935_Production and Sale Records

3935.10  Accounting records.

                 Subpart 3936_Inspection and Enforcement

3936.10  Inspection of underground and surface operations and 
          facilities.
3936.20  Issuance of notices of noncompliance and orders.
3936.30  Enforcement of notices of noncompliance and orders.
3936.40  Appeals.

    Authority: 25 U.S.C. 396d and 2107, 30 U.S.C. 241(a), 42 U.S.C. 
15927, 43 U.S.C. 1732(b), 1733, and 1740.

    Source: 73 FR 69480, Nov. 18, 2008, unless otherwise noted.



  Subpart 3930_Management of Oil Shale Exploration Licenses and Leases



Sec. 3930.10  General performance standards.

    The operator/lessee must comply with the following performance 
standards concerning exploration, development, and production:
    (a) All operations must be conducted to achieve MER;
    (b) Operations must be conducted under an approved POD or 
exploration plan;
    (c) The operator/lessee must diligently develop the lease and must 
comply with the diligent development milestones and production 
requirements at Sec. 3930.30;
    (d) The operator/lessee must notify the BLM promptly if operations 
encounter unexpected wells or drill holes that could adversely affect 
the recovery of shale oil or other minerals producible under an oil 
shale lease during mining operations, and must not take any action that 
would disturb such wells or drill holes without the BLM's prior 
approval;

[[Page 1040]]

    (e) The operator/lessee must conduct operations to:
    (1) Prevent waste and conserve the recoverable oil shale reserves 
and other resources;
    (2) Prevent damage to or degradation of oil shale formations;
    (3) Ensure that other resources are protected upon abandonment of 
operations; and
    (f) The operator must save topsoil for use in final reclamation 
after the reshaping of disturbed areas has been completed.



Sec. 3930.11  Performance standards for exploration and in situ 
operations.

    The operator/lessee must adhere to the following standards for all 
exploration and in situ drilling operations:
    (a) At the end of exploration operations, all 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 holes drilled deeper than stripping limits, 
the operator/lessee, using cement or other suitable plugging material 
the BLM approves in advance, must plug the hole through the thickness of 
the oil shale bed(s) or mineral deposit(s) and through aquifers for a 
distance of at least 50 feet above and below the oil shale bed(s) or 
mineral deposit(s) and aquifers, or to the bottom of the drill hole. The 
BLM may approve a lesser cap or plug. Capping and plugging must be 
managed to prevent water pollution and the mixing of ground and surface 
waters and to ensure the safety of people, livestock, and wildlife;
    (b) The operator/lessee must retain for 1 year all drill and 
geophysical logs. The operator must also make such logs available for 
inspection or analysis by the BLM. The BLM may require the operator/
lessee to retain representative samples of drill cores for 1 year;
    (c) The operator/lessee may, after the BLM's written approval, use 
drill holes as surveillance wells for the purpose of monitoring the 
effects of subsequent operations on the quantity, quality, or pressure 
of ground water or mine gases; and
    (d) The operator/lessee may, after written approval from the BLM and 
the surface owner, convert drill holes to water wells. When granting 
such approvals, the BLM will include a transfer to the surface owner of 
responsibility for any liability, including eventual plugging, 
reclamation, and abandonment.



Sec. 3930.12  Performance standards for underground mining.

    (a) Underground mining operations must be conducted in a manner to 
prevent the waste of oil shale, to conserve recoverable oil shale 
reserves, and to protect other resources. The BLM must approve in 
writing permanent abandonment and operations that render oil shale 
inaccessible.
    (b) The operator/lessee must adopt mining methods that ensure the 
proper recovery of recoverable oil shale reserves.
    (c) Operators/lessees must adopt measures consistent with known 
technology to prevent or, where the mining method used requires 
subsidence, control subsidence, maximize mine stability, and maintain 
the value and use of surface lands. If the POD indicates that pillars 
will not be removed and controlled subsidence is not part of the POD, 
the POD must show that pillars of adequate dimensions will be left for 
surface stability, considering the thickness and strength of the oil 
shale beds and the strata above and immediately below the mined 
interval.
    (d) The lessee/operator must have the BLM's approval to temporarily 
abandon a mine or portions thereof.
    (e) The operator/lessee must have the BLM's prior approval to mine 
any recoverable oil shale reserves or drive any underground workings 
within 50 feet of any of the outer boundary lines of the federally-
leased or federally-licensed land. The BLM may approve operations closer 
to the boundary after taking into consideration state and Federal 
environmental laws and regulations.
    (f) The lessee/operator must have the BLM's prior approval before 
drilling any lateral holes within 50 feet of any outside boundary.
    (g) Either the operator/lessee or the BLM may initiate the proposal 
to mine

[[Page 1041]]

oil shale in a barrier pillar if the oil shale in adjoining lands has 
been mined out. The lessee/operator of the Federal oil shale must enter 
into an agreement with the owner of the oil shale in those adjacent 
lands prior to mining the oil shale remaining in the Federal barrier 
pillars (which otherwise may be lost).
    (h) The BLM must approve final abandonment of a mining area.



Sec. 3930.13  Performance standards for surface mines.

    (a) Pit widths for each oil shale seam must be engineered and 
designed to eliminate or minimize the amount of oil shale fender to be 
left as a permanent pillar on the spoil side of the pit.
    (b) Considering mine economics and oil shale quality, the amount of 
oil shale wasted in each pit must be minimal.
    (c) The BLM must approve the final abandonment of a mining area.
    (d) The BLM must approve the conditions under which surface mines, 
or portions thereof, will be temporarily abandoned, under the 
regulations in this part.
    (e) The operator/lessee may, in the interest of conservation, mine 
oil shale up to the Federal lease or license boundary line, provided 
that the mining:
    (1) Complies with existing state and Federal mining, environmental, 
reclamation, and safety laws and rules; and
    (2) Does not conflict with the rights of adjacent surface owners.
    (f) The operator must save topsoil for final application after the 
reshaping of disturbed areas has been completed.



Sec. 3930.20  Operations.

    (a) Maximum Economic Recovery (MER). All mining and in situ 
development and production operations must be conducted in a manner to 
yield the MER of the oil shale deposits, consistent with the protection 
and use of other natural resources, the protection and preservation of 
the environment, including, land, water, and air, and with due regard 
for the safety of miners and the public. All shafts, main exits, and 
passageways, and overlying beds or mineral deposits that at a future 
date may be of economic importance must be protected by adequate pillars 
in the deposit being worked or by such other means as the BLM approves.
    (b) New geologic information. The operator must record any new 
geologic information obtained during mining or in situ development 
operations regarding any mineral deposits on the lease. The operator 
must report this new information in a BLM-approved format to the proper 
BLM office within 90 calendar days after obtaining the information.
    (c) Statutory compliance. Operators must comply with applicable 
Federal and state law, including, but not limited to the following:
    (1) Clean Air Act (42 U.S.C. 1857 et seq.);
    (2) Federal Water Pollution Control Act, as amended (30 U.S.C. 1151 
et seq.);
    (3) Solid Waste Disposal Act as amended by the Resource Conservation 
and Recovery Act (42 U.S.C. 6901 et seq.);
    (4) National Historic Preservation Act, as amended (16 U.S.C. 470 et 
seq.);
    (5) Archaeological and Historical Preservation Act, as amended (16 
U.S.C. 469 et seq.);
    (6) Archaeological Resources Protection Act, as amended (16 U.S.C. 
470aa et seq.); and
    (7) Native American Graves Protection and Repatriation Act, as 
amended (25 U.S.C. 3001 et seq.).
    (d) Resource protection. The following additional resource 
protection provisions apply to oil shale operations:
    (1) Operators must comply with applicable Federal and state 
standards for the disposal and treatment of solid wastes. All garbage, 
refuse, or waste must either be removed from the affected lands' or 
disposed of or treated to minimize, so far as is practicable, their 
impact on the lands, water, air, and biological resources;
    (2) Operators must conduct operations in a manner to prevent adverse 
impacts to threatened or endangered species and any of their habitat 
that may be affected by operations.
    (3) If the operator encounters any scientifically important 
paleontological

[[Page 1042]]

remains or any historical or archaeological site, structure, building, 
or object on Federal lands, it must immediately notify the BLM. 
Operators must not, without prior BLM approval, knowingly disturb, 
alter, damage, or destroy any scientifically important paleontological 
remains or any historical or archaeological site, structure, building, 
or object on Federal lands.



Sec. 3930.30  Diligent development milestones.

    (a) Operators must diligently develop the oil shale resources 
consistent with the terms and conditions of the lease, POD, and these 
regulations. If the operator does not maintain or comply with diligent 
development milestones, the BLM may initiate lease cancellation. In 
order to be considered diligently developing the lease, the lessee/
operator must comply with the following diligence milestones:
    (1) Milestone 1. Within 2 years of the lease issuance date, submit 
to the proper BLM office an initial POD that meets the requirements of 
subpart 3931. The operator must revise the POD following subpart 3931, 
if the BLM determines that the initial POD is unacceptable;
    (2) Milestone 2. Within 3 years of the lease issuance date, submit a 
final POD. The BLM may, based on circumstances beyond the control of the 
lessee or operator, or on the complexity of the POD, grant a 1 year 
extension to the lessee or operator to submit a complete POD;
    (3) Milestone 3. Within 2 years after the BLM approves the final 
POD, apply for all required Federal and state permits and licenses;
    (4) Milestone 4. Before the end of the 7th year after lease 
issuance, begin permitted infrastructure installation, as required by 
the BLM approved POD; and
    (5) Milestone 5. Before the end of the 10th year after lease 
issuance, begin oil shale production.
    (b) Operators may apply for additional time to complete a milestone. 
The BLM may grant additional time for completing a milestone if the 
operator provides documentation that shows to the BLM's satisfaction 
that achieving the milestone by the deadline is not possible for reasons 
that are beyond the control of the operator. Allowable time extensions 
to meet milestone 4 will extend the requirement to begin production in 
the 10th lease year by an amount of time equal to the extension granted 
for milestone 4. This extension also extends the requirements for 
payments in lieu of production and minimum production under paragraphs 
(c), (d), and (e) of this section.
    (c) Operators must maintain minimum annual production every year 
after the 10th lease year or pay in lieu of production according to the 
lease terms.
    (d) Each lease will provide for minimum production. The minimum 
production requirement stated in the lease must be met by the end of the 
10th lease year and will be based on the BLM's estimate of the 
extraction technology to be used, the recoverable resources on the 
lease, expected life of the operation, and other factors the BLM 
considers.
    (e) Each lease will provide for payment in lieu of the minimum 
production for any particular year starting in the 10th lease year. 
Payments in lieu of production in year 10 of the lease satisfies 
Milestone 5 in paragraph (a)(5) of this section.



Sec. 3930.40  Assessments for missing diligence milestones.

    The BLM will assess $50 for each acre in the lease for each missed 
diligence milestone each year, prorated on a daily basis, until the 
operator or lessee complies with Sec. 3930.30(a). For example: If the 
operator does not submit the required POD within the required 2 years 
after lease issuance (the first milestone), the BLM will assess the 
operator $50 per acre per year until the milestone is met. If the 
operator does not meet the second milestone, the BLM will assess the 
operator an additional $50 per acre per year, resulting in a total 
assessment of $100 per acre per year. If the operator does not begin 
production by the end of the initial lease term, or make payments in 
lieu thereof, the BLM may initiate lease cancellation procedures (see 
Secs. 3934.21 and 3934.22).

[[Page 1043]]



         Subpart 3931_Plans of Development and Exploration Plans



Sec. 3931.10  Exploration plans and plans of development for mining
and in situ operations.

    (a) The POD must provide for reasonable protection and reclamation 
of the environment and the protection and diligent development of the 
oil shale resources in the lease.
    (b) The operator must submit to the proper BLM office an exploration 
plan or POD describing in detail the proposed exploration, testing, 
development, or mining operations to be conducted. Exploration plans or 
PODs must be consistent with the requirements of the lease or 
exploration license and protect nonmineral resources and provide for the 
reclamation of the lands affected by the operations on Federal lease(s) 
or exploration license(s). All PODs and exploration plans must be 
submitted to the proper BLM office.
    (c) The lessee or operator must submit 3 copies of the POD to the 
proper BLM office or submit it in an acceptable electronic format. 
Contact the proper BLM office for detailed information on submitting 
copies electronically (see Sec. 3931.40 for submission of exploration 
plans).
    (d) The BLM will consult with any other Federal, state, or local 
agencies involved and review the plan. The BLM may require additional 
information or changes in the plan before approving it. If the BLM 
denies the plan, it will set forth why it was denied.
    (e) All development and exploration activities must comply with the 
BLM-approved POD or exploration plan.
    (f) Activities under Secs. 3931.11 and 3931.40, other than casual 
use, may not begin until appropriate NEPA analysis is completed and the 
BLM approves an exploration plan or POD.



Sec. 3931.11  Content of plan of development.

    The POD must contain, at a minimum, the following:
    (a) Names, addresses, and telephone numbers of those responsible for 
operations to be conducted under the approved plan and to whom notices 
and orders are to be delivered, names and addresses of Federal oil shale 
lessees and corresponding Federal lease serial numbers, and names and 
addresses of surface and mineral owners of record, if other than the 
United States;
    (b) A general description of geologic conditions and mineral 
resources within the area where mining is to be conducted, including 
appropriate maps;
    (c) A copy of a suitable map or aerial photograph showing the 
topography, the area covered by each lease, the name and location of 
major topographic and cultural features;
    (d) A statement of proposed methods of operation and development, 
including the following items as appropriate:
    (1) A description detailing the extraction technology to be used;
    (2) The equipment to be used in development and extraction;
    (3) The proposed access roads;
    (4) The size, location, and schematics of all structures, 
facilities, and lined or unlined pits to be built;
    (5) The stripping ratios, development sequence, and schedule;
    (6) The number of acres in the Federal lease(s) or license(s) to be 
affected;
    (7) Comprehensive well design and procedure for drilling, casing, 
cementing, testing, stimulation, clean-up, completion, and production, 
for all drilled well types, including those used for heating, freezing, 
and disposal;
    (8) A description of the methods and means to protect and monitor 
all aquifers;
    (9) Surveyed well location plats or project-wide well location 
plats;
    (10) A description of the measurement and handling of produced 
fluids, including the anticipated production rates and estimated 
recovery factors;
    (11) A description of the methods used to dispose of and control 
mining waste; and
    (12) A description/discussion of the controls that the operator will 
use to protect the public, including identification of:
    (i) Essential operations, personnel, and health and safety 
precautions;
    (ii) Programs and plans for noxious gas control (hydrogen sulfide, 
ammonia, etc.);
    (iii) Well control procedures;
    (iv) Temporary abandonment procedures; and

[[Page 1044]]

    (v) Plans to address spills, leaks, venting, and flaring;
    (e) An estimate of the quantity and quality of the oil shale 
resources;
    (f) An explanation of how MER of the resource will be achieved for 
each Federal lease;
    (g) Appropriate maps and cross sections showing:
    (1) Federal lease boundaries and serial numbers;
    (2) Surface ownership and boundaries;
    (3) Locations of any existing and abandoned mines and existing oil 
and gas well (including well bore trajectories) and water well 
locations, including well bore trajectories;
    (4) Typical geological structure cross sections;
    (5) Location of shafts or mining entries, strip pits, waste dumps, 
retort facilities, and surface facilities;
    (6) Typical mining or in situ development sequence, with appropriate 
time-frames;
    (h) A narrative addressing the environmental aspects of the proposed 
mine or in situ operation, including at a minimum, the following:
    (1) An estimate of the quantity of water to be used and pollutants 
that may enter any receiving waters;
    (2) A design for the necessary impoundment, treatment, control, or 
injection of all produced water, runoff water, and drainage from 
workings; and
    (3) 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;
    (i) A reclamation plan and schedule for all Federal lease(s) or 
exploration license(s) that details all reclamation activities necessary 
to fulfill the requirements of Sec. 3931.20;
    (j) The method of abandonment of operations on Federal lease(s) and 
exploration license(s) proposed to protect the unmined recoverable 
reserves and other resources, including:
    (1) The method proposed to fill in, fence, or close all surface 
openings that are hazardous to people or animals; and
    (2) For in situ operations, a description of the method and 
materials to be used to plug all abandoned development or production 
wells; and
    (k) Any additional information that the BLM determines is necessary 
for analysis or approval of the POD.



Sec. 3931.20  Reclamation.

    (a) The operator or lessee must restore the disturbed lands to their 
pre-mining or pre-exploration use or to a higher use agreed to by the 
BLM and the lessee.
    (b) The operator must reclaim the area disturbed by taking 
reasonable measures to prevent or control onsite and offsite damage to 
lands and resources.
    (c) Reclamation includes, but is not limited to:
    (1) Measures to control erosion, landslides, and water runoff;
    (2) Measures to isolate, remove, or control toxic materials;
    (3) Reshaping the area disturbed, application of the topsoil, and 
re-vegetation of disturbed areas, where reasonably practicable; and
    (4) Rehabilitation of fisheries and wildlife habitat.
    (d) The operator or lessee must substantially fill in, fence, 
protect, or close all surface openings, subsidence holes, surface 
excavations, or workings which are a hazard to people or animals. These 
protected areas must be maintained in a secure condition during the term 
of the lease or exploration license. During reclamation, but before 
abandonment of operations, all openings, including water discharge 
points, must be closed to the BLM's satisfaction. For in situ 
operations, all drilled holes must be plugged and abandoned, as required 
by the approved plan.
    (e) The operator or lessee must reclaim or protect surface areas no 
longer needed for operations as contemporaneously as possible as 
required by the approved plan.



Sec. 3931.30  Suspension of operations and production.

    (a) The BLM may, in the interest of conservation, agree to a 
suspension of lease operations and production. Applications by lessees 
for suspensions of operations and production must be filed in duplicate 
in the proper BLM office and must explain why it is in the

[[Page 1045]]

interest of conservation to suspend operations and production.
    (b) The BLM may order a suspension of operations and production if 
the suspension is necessary to protect the resource or the environment:
    (1) While the BLM performs necessary environmental studies or 
analysis;
    (2) To ensure that necessary environmental remediation or cleanup is 
being performed as a result of activity or inactivity on the part of the 
operator; or
    (3) While necessary environmental remediation or cleanup is being 
performed as a result of unwarranted or unexpected actions.
    (c) The term of any lease will be extended by adding thereto any 
period of suspension of operations and production during such term.
    (d) A suspension will take effect on the date the BLM specifies. 
Rental, upcoming diligent development milestones, and minimum annual 
production will be suspended:
    (1) 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 is effective; or
    (2) If the suspension of operations and production is 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.
    (e) The suspension of rental and minimum annual production will end 
on the first day of the lease month in which the suspension ends.
    (f) The minimum annual production requirements of a lease will be 
proportionately reduced for that portion of a lease year for which a 
suspension of operations and production is directed or granted by the 
BLM, as would any payments in lieu of production.



Sec. 3931.40  Exploration.

    To conduct exploration operations under an exploration license or on 
a lease after lease issuance, but prior to approval of the POD, the 
following rules apply:
    (a) Except for casual use, before conducting any exploration 
operations on federally-leased or federally-licensed lands, the operator 
or lessee must submit to the proper BLM office for approval 3 copies of 
the exploration plan or a copy of the plan in an acceptable electronic 
format. Contact the proper BLM office for detailed information on 
submitting copies electronically. As used in this paragraph, casual use 
means activities that do not cause appreciable surface disturbance or 
damage to lands or other resources and improvements. Casual use does not 
include use of heavy equipment, explosives, or vehicular movement off 
established roads and trails.
    (b) The exploration activities must be consistent with the 
requirements of the underlying Federal lease or exploration license, and 
address protection of recoverable oil shale reserves and other resources 
and reclamation of the surface of the lands affected by the exploration 
operations. The exploration plan must meet the requirements of 
Sec. 3931.20 and must show how reclamation will be an integral part of 
the proposed operations and that reclamation will progress as 
contemporaneously as practicable with operations.



Sec. 3931.41  Content of exploration plan.

    Exploration plans must contain the following:
    (a) The name, address, and telephone number of the applicant, and, 
if applicable, that of the operator or lessee of record;
    (b) The name, address, and telephone number of the representative of 
the applicant who will be present during, and responsible for, 
conducting exploration;
    (c) A description of the proposed exploration area, cross-referenced 
to the map required under paragraph (h) of this section, including:
    (1) Applicable Federal lease and exploration license serial numbers;
    (2) Surface topography;
    (3) Geologic, surface water, and other physical features;
    (4) Vegetative cover;
    (5) Endangered or threatened species listed under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) that may be affected by 
exploration operations;
    (6) Districts, sites, buildings, structures, or objects listed on, 
or eligible for listing on, the National Register of

[[Page 1046]]

Historic Places that may be present in the lease area; and
    (7) Known cultural or archaeological resources located within the 
proposed exploration area;
    (d) A description of the methods to be used to conduct oil shale 
exploration, reclamation, and abandonment of operations including, but 
not limited to:
    (1) The types, sizes, numbers, capacity, and uses of equipment for 
drilling and blasting, and road or other access route construction;
    (2) Excavated earth-disposal or debris-disposal activities;
    (3) The proposed method for plugging drill holes; and
    (4) The estimated size and depth of drill holes, trenches, and test 
pits;
    (e) An estimated timetable for conducting and completing each phase 
of the exploration, drilling, and reclamation;
    (f) The estimated amounts of oil shale or oil shale products to be 
removed during exploration, a description of the method to be used to 
determine those amounts, and the proposed use of the oil shale or oil 
shale products removed;
    (g) A description of the measures to be used during exploration for 
Federal oil shale to comply with the performance standards for 
exploration (Secs. 3930.10 and 3930.11);
    (h) 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 must 
show:
    (1) Existing roads, occupied dwellings, and pipelines;
    (2) The proposed location of trenches, roads, and other access 
routes and structures to be constructed;
    (3) Applicable Federal lease and exploration license boundaries;
    (4) The location of land excavations to be conducted;
    (5) Oil shale exploratory holes to be drilled or altered;
    (6) Earth-disposal or debris-disposal areas;
    (7) Existing bodies of surface water; and
    (8) Topographic and drainage features; and
    (i) 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 oil shale is leased to a 
person other than the applicant, include evidence of authority to enter 
that land for the purpose of conducting exploration and reclamation.



Sec. 3931.50  Exploration plan and plan of development modifications.

    (a) The operator or lessee may apply in writing to the BLM for 
modification of the approved exploration plan or POD to adjust to 
changed conditions, new information, improved methods, and new or 
improved technology or to correct an oversight. To obtain approval of an 
exploration plan or POD modification, the operator or lessee must submit 
to the proper BLM office a written statement of the proposed 
modification and the justification for such modification.
    (b) The BLM may require a modification of the approved exploration 
plan or POD.
    (c) The BLM may approve a partial exploration plan or POD, if 
circumstances warrant, or if development of an exploration or POD for 
the entire operation is dependent upon unknown factors that cannot or 
will not be determined until operations progress. The operator or lessee 
must not, however, perform any operation not covered in a BLM-approved 
plan.



Sec. 3931.60  Maps of underground and surface mine workings and in 
situ surface operations.

    Maps of underground workings and surface operations must be to a 
scale of 1:24,000 or larger if the BLM requests it. All maps must be 
appropriately marked with reference to government land marks or lines 
and elevations with reference to sea level. When required by the BLM, 
include vertical projections and cross sections in plan views. Maps must 
be based on accurate surveys and certified by a professional engineer, 
professional land surveyor, or other professionally qualified person. 
Accurate copies of such maps must be furnished by the operator to the 
BLM when and as required. All maps submitted must be in a format 
acceptable to the BLM. Contact the proper BLM

[[Page 1047]]

office for information on what is the acceptable format to submit maps.



Sec. 3931.70  Production maps and production reports.

    (a) Report production of all oil shale products or by-products to 
the BLM on a quarterly basis no later than 30 calendar days after the 
end of the reporting period.
    (b) Report all production and royalty information to the MMS under 
30 CFR parts 210 and 216.
    (c) Submit production maps to the proper BLM office no later than 30 
calendar days after the end of each royalty reporting period or on a 
schedule determined by the BLM. Show all excavations in each separate 
bed or deposit on the maps so that the production of minerals for any 
period can be accurately ascertained. Production maps must also show 
surface boundaries, lease boundaries, topography, and subsidence 
resulting from mining activities.
    (d) If the lessee or operator does not provide the BLM the maps 
required by this section, the BLM will employ a licensed mine surveyor 
to make a survey and maps of the mine, and the cost will be charged to 
the operator or lessee.
    (e) If the BLM believes any map submitted by an operator or lessee 
is incorrect, the BLM may have a survey performed, and if the survey 
shows the map submitted by the operator or lessee to be substantially 
incorrect in whole or in part, the cost of performing the survey and 
preparing the map will be charged to the operator or lessee.
    (f) For in situ development operations, the lessee or operator must 
submit a map showing all surface installations, including pipelines, 
meter locations, or other points of measurement necessary for production 
verification as part of the POD. All maps must be modified as necessary 
for adequate representation of existing operations.
    (g) Within 30 calendar days after well completion, the lessee or 
operator must submit to the proper BLM office 2 copies of a completed 
Form 3160-4, Well Completion or Recompletion Report and Log, limited to 
information that is applicable to oil shale operations. Well logs may be 
submitted electronically using a BLM-approved electronic format. 
Describe surface and bottom-hole locations in latitude and longitude.



Sec. 3931.80  Core or test hole samples and cuttings.

    (a) Within 90 calendar days after drilling completion, the operator 
or lessee must submit to the proper BLM office a signed copy of records 
of all core or test holes made on the lands covered by the lease or 
exploration license. The records must show the position and direction of 
the holes on a map. The records must include a log of all strata 
penetrated and conditions encountered, such as water, gas, or unusual 
conditions, and copies of analysis of all samples. Provide this 
information to the proper BLM office in either paper copy or in a BLM-
approved electronic format. Contact the proper BLM office for 
information on submitting copies electronically. Within 30 calendar days 
after its creation, the operator or lessee must also submit to the 
proper the BLM office a detailed lithologic log of each test hole and 
all other in-hole surveys or other logs produced. Upon the BLM's 
request, the operator or lessee must provide to the BLM splits of core 
samples and drill cuttings.
    (b) The lessee or operator must abandon surface exploration drill 
holes for development or holes for exploration to the BLM's satisfaction 
by cementing or casing or by other methods approved in advance by the 
BLM. Abandonment must be conducted in a manner to protect the surface 
and not endanger any present or future underground or surface operation 
or any deposit of oil, gas, other mineral substances, or ground water.
    (c) Operators may convert drill holes to surveillance wells for the 
purpose of determining the effect of subsequent operations upon the 
quantity, quality, or pressure of ground water or mine gases. The BLM 
may require such conversion or the operator may request that the BLM 
approve such conversion. Prior to lease or exploration license 
termination, all surveillance wells must be plugged and abandoned and 
reclaimed, unless the surface owner assumes responsibility for 
reclamation of such surveillance wells. The transfer of

[[Page 1048]]

liability for reclamation will not be considered complete until the BLM 
approves it in writing.
    (d) Drilling equipment must be equipped with blowout control devices 
suitable for the pressures encountered and acceptable to the BLM.



Sec. 3931.100  Boundary pillars and buffer zones.

    (a) For underground mining operations, all boundary pillars must be 
at least 50 feet thick, unless otherwise specified in writing by the 
BLM. Boundary and other main pillars may be mined only with the BLM's 
prior written consent or on the BLM's order. For in-situ operations, a 
50-foot buffer zone from the Federal lease line is required.
    (b) If the oil shale on adjacent Federal lands has been worked out 
beyond any boundary pillar and no hazards exist, the operator or lessee 
must, on the BLM's written order, mine out and remove all available oil 
shale in such boundary pillar, both in the lands covered by the lease 
and in the adjacent Federal lands, when the BLM determines that such oil 
shale can be mined safely without undue hardship to the operator or 
lessee.
    (c) If the mining rights in adjacent lands are privately owned or 
controlled, the lessee must have an agreement with the owners of such 
interests for the extraction of the oil shale in the boundary pillars.



           Subpart 3932_Lease Modifications and Readjustments



Sec. 3932.10  Lease size modification.

    (a) A lessee may apply for a modification of a lease to include 
Federal lands adjacent to those in the lease. The total area of the 
lease, including the acreage in the modification application and any 
previously authorized modification, must not exceed the maximum lease 
size (see Sec. 3927.20).
    (b) An application for modification of the lease size must:
    (1) Be filed with the proper BLM office;
    (2) Contain a legal land description of the additional lands 
involved;
    (3) Contain an explanation of how the modification would meet the 
criteria in Sec. 3932.20(a) that qualify the lease for modification;
    (4) Explain why the modification would be in the best interest of 
the United States;
    (5) Include a nonrefundable processing fee that the BLM will 
determine under Sec. 3000.11 of this chapter; and
    (6) Include a signed qualifications statement consistent with 
subpart 3902 of this chapter.



Sec. 3932.20  Lease modification land availability criteria.

    (a) The BLM may grant a lease modification if:
    (1) There is no competitive interest in the lands covered by the 
modification application;
    (2) The lands covered by the modification application cannot be 
reasonably developed as part of another independent federally-approved 
operation;
    (3) The modification would be in the public interest; and
    (4) The modification does not cause a violation of lease size 
limitations under Sec. 3927.20 of this chapter or acreage limitations 
under Sec. 3901.20 of this chapter.
    (b) The BLM may approve adding lands covered by the modification 
application to the existing lease without competitive bidding, but 
before the BLM will approve adding lands to the lease, the applicant 
must pay in advance the FMV for the interests to be conveyed.
    (c) Before modifying a lease, the BLM will prepare any necessary 
NEPA analysis covering the proposed lease area under 40 CFR parts 1500 
through 1508 and recover the cost of such analysis from the applicant.



Sec. 3932.30  Terms and conditions of a modified lease.

    (a) The terms and conditions of a lease modified under this subpart 
will be made consistent with the laws, regulations, and land use plans 
applicable at the time the lands are added by the modification.
    (b) The royalty rate for the lands in the modification is the same 
as for the lease.
    (c) Before the BLM will approve a lease modification, the lessee 
must file a written acceptance of the conditions

[[Page 1049]]

in the modified lease and a written consent of the surety under the bond 
covering the original lease as modified. The lessee must also submit 
evidence that the bond has been amended to cover the modified lease and 
pay BLM processing costs.



Sec. 3932.40  Readjustment of lease terms.

    (a) Except as provided in paragraph (b) of this section, all leases 
are subject to readjustment of lease terms, conditions, and stipulations 
at the end of the first 20-year period (the primary term of the lease) 
and at the end of each 10-year period thereafter.
    (b) Royalty rates will be subject to readjustment at the end of the 
primary term and every 20 years thereafter.
    (c) At least 30 days prior to the expiration of the readjustment 
period, the BLM will notify the lessee by written decision if any 
readjustment is to be made and of the proposed readjusted lease terms, 
including any revised royalty rate.
    (d) Readjustments may be appealed. In the case of an appeal, unless 
the readjustment is stayed by the IBLA or the courts, the lessee must 
comply with the revised lease terms, including any revised royalty rate, 
pending the outcome of the appeal.



                 Subpart 3933_Assignments and Subleases



Sec. 3933.10  Leases or licenses subject to assignment or sublease.

    Any lease may be assigned or subleased and any exploration license 
may be assigned in whole or in part to any person, association, or 
corporation that meets the qualification requirements in subpart 3902 of 
this chapter. The BLM may approve or disapprove assignments and 
subleases. A licensee proposing to transfer or assign a license must 
first offer, in writing, to all other participating parties in the 
license, the opportunity to acquire the license (the right of first 
refusal).



Sec. 3933.20  Filing fees.

    Each application for assignment or sublease of record title or 
overriding royalty must include the filing fee found in the fee schedule 
in Sec. 3000.12 of this chapter. The BLM will not accept any assignment 
that does not include the filing fee.

[73 FR 69469, Nov. 18, 2008, as amended at 75 FR 55683, Sept. 14, 2010]



Sec. 3933.31  Record title assignments.

    (a) File in triplicate at the proper BLM office a separate 
instrument of assignment for each assignment. File the assignment 
application within 90 calendar days after the date of final execution of 
the assignment instrument and with it include the:
    (1) Name and current address of assignee;
    (2) Interest held by assignor and interest to be assigned;
    (3) Serial number of the affected lease or license and a description 
of the lands to be assigned as described in the lease or license;
    (4) Percentage of overriding royalties retained; and
    (5) Dated signature of assignor.
    (b) The assignee must provide a single copy of the request for 
approval of assignment which must contain a:
    (1) Statement of qualifications and holdings as required by subpart 
3902 of this chapter;
    (2) Date and the signature of the assignee; and
    (3) The filing fee found in the fee schedule in Sec. 3000.12 of this 
chapter.
    (c) The approval of an assignment of all interests in a specific 
portion of the lands in a lease or license will create a separate lease 
or license, which will be given a new serial number.

[73 FR 69469, Nov. 18, 2008, as amended at 75 FR 55683, Sept. 14, 2010]



Sec. 3933.32  Overriding royalty interests.

    File at the proper BLM office, for record purposes only, all 
overriding royalty interest assignments within 90 calendar days after 
the date of execution of the assignment.



Sec. 3933.40  Account status.

    The BLM will not approve an assignment unless the lease or license 
account is in good standing.



Sec. 3933.51  Bond coverage.

    Before the BLM will approve an assignment, the assignee must submit 
to the proper BLM office a new bond in an

[[Page 1050]]

amount to be determined by the BLM, or, in lieu thereof, documentation 
of consent of the surety on the present bond to the substitution of the 
assignee as principal (see subpart 3904 of this chapter).



Sec. 3933.52  Continuing responsibility under assignment and sublease.

    (a) The assignor and its surety are responsible for the performance 
of any obligation under the lease or license that accrues prior to the 
effective date of the BLM's approval of the assignment. After the 
effective date of the BLM's approval of the assignment, the assignee and 
its surety are responsible for the performance of all lease or license 
obligations that accrue after the effective date of the BLM's approval 
of the assignment, notwithstanding any terms in the assignment to the 
contrary. If the BLM does not approve the assignment, the purported 
assignor's obligation to the United States continues as though no 
assignment had been filed.
    (b) After the effective date of approval of a sublease, the 
sublessor and sublessee are jointly and severally liable for the 
performance of all lease obligations, notwithstanding any terms in the 
sublease to the contrary.



Sec. 3933.60  Effective date.

    An assignment or sublease takes effect, so far as the United States 
is concerned, on the first day of the month following the BLM's final 
approval, or if the assignee requests it in advance, the first day of 
the month of the approval.



Sec. 3933.70  Extensions.

    The BLM's approval of an assignment or sublease does not extend the 
term or the readjustment period of the lease (see Sec. 3932.40) or the 
term of the exploration license.



      Subpart 3934_Relinquishments, Cancellations, and Terminations



Sec. 3934.10  Relinquishments.

    (a) A lease or exploration license or any legal subdivision thereof 
may be surrendered by the record title holder by filing a written 
relinquishment, in triplicate, in the BLM State Office having 
jurisdiction over the lands covered by the relinquishment.
    (b) To be relinquished, the lease account must be in good standing 
and the relinquishment must be considered to be in the public interest.
    (c) A relinquishment will take effect on the date the BLM approves 
it, subject to the:
    (1) Continued obligation of the lessee or licensee and surety to 
make payments of all accrued rentals and royalties;
    (2) The proper rehabilitation of the lands to be relinquished to a 
condition acceptable to the BLM under these regulations;
    (3) Terms of the lease or license; and
    (4) Approved exploration plan or development plan.
    (d) Prior to relinquishment of an exploration license, the licensee 
must give any other parties participating in activities under the 
exploration license the opportunity to take over operations under the 
exploration license. The licensee must provide to the BLM written 
evidence that the offer was made to all other parties participating in 
the exploration license.



Sec. 3934.21  Written notice of default.

    The BLM will provide the lessee or licensee written notice of any 
default, breach, or cause of forfeiture, and provide a time period of 30 
calendar days to correct the default, to request an extension of time in 
which to correct the default, or to submit evidence showing why the BLM 
is in error and why the lease should not be canceled or exploration 
license terminated.



Sec. 3934.22  Causes and procedures for lease cancellation.

    (a) The BLM will take appropriate steps in a United States District 
Court of competent jurisdiction to institute proceedings for the 
cancellation of the lease if the lessee:
    (1) Does not comply with the provisions of the Act as amended and 
other relevant statutes;
    (2) Does not comply with any applicable regulations; or
    (3) Defaults in the performance of any of the terms, covenants, and 
stipulations of the lease, and the BLM does

[[Page 1051]]

not formally waive the default, breach, or cause of forfeiture.
    (b) A waiver of any particular default, breach, or cause of 
forfeiture will not prevent the cancellation and forfeiture of the lease 
for any other default, breach, or cause of forfeiture, or for the same 
cause occurring at any other time.



Sec. 3934.30  License terminations.

    The BLM may terminate an exploration license if:
    (a) The BLM issued it in violation of any law or regulation, or if 
there are substantive factual errors, such as a lack of title;
    (b) The licensee does not comply with the terms and conditions of 
the exploration license; or
    (c) The licensee does not comply with the approved exploration plan.



Sec. 3934.40  Payments due.

    If a lease is canceled or relinquished for any reason, all bonus, 
rentals, royalties, and minimum royalties paid will be forfeited, and 
any amounts not paid will be immediately payable to the United States.



Sec. 3934.50  Bona fide purchasers.

    The BLM will not cancel a lease or an interest in a lease of a 
purchaser if at the time of purchase the purchaser was not aware and 
could not have reasonably determined from the BLM records the existence 
of a violation of any of the following:
    (a) Federal regulatory requirements;
    (b) The Act, as amended; or
    (c) Lease terms and conditions.



                Subpart 3935_Production and Sale Records



Sec. 3935.10  Accounting records.

    (a) Operators or lessees must maintain records that provide an 
accurate account of, or include all:
    (1) Oil shale mined;
    (2) Oil shale put through the processing plant and retort;
    (3) Mineral products produced and sold;
    (4) Shale oil products, shale gas, and shale oil by-products sold; 
and
    (5) Shale oil products and by-products that are consumed on-lease 
for the beneficial use of the lease.
    (b) The records must include relevant quality analyses of oil shale 
mined or processed and of all products including synthetic petroleum, 
shale oil, shale gas, and shale oil by-products sold.
    (c) Production and sale records must be made available for the BLM's 
examination during regular business hours.



                 Subpart 3936_Inspection and Enforcement



Sec. 3936.10  Inspection of underground and surface operations 
and facilities.

    Operators, licensees, or lessees must allow the BLM, at any time, 
either day or night, to inspect or investigate underground and surface 
mining, in situ, or exploration operations to determine compliance with 
lease or license terms and conditions, compliance with the approved 
exploration or development plans, and to verify production.



Sec. 3936.20  Issuance of notices of noncompliance and orders.

    (a) If the BLM determines that an operator, licensee, or lessee has 
not complied with established requirements, the BLM will issue to the 
operator, licensee, or lessee a notice of noncompliance.
    (b) If operations threaten immediate, serious, or irreparable damage 
to the environment, the mine or deposit being mined, or other valuable 
mineral deposits or other resources, the BLM will order the cessation of 
operations and will require the operator, licensee, or lessee to revise 
the POD or exploration plan.
    (c) The operator, licensee, or lessee will be considered to have 
received all orders or notices of noncompliance and orders that the 
operator, licensee, or lessee receives by personal delivery or certified 
mail. The BLM will consider service of any notice of noncompliance or 
order to have occurred 7 business days after the date the notice or 
order is mailed. Verbal orders and notices may be given to officials at 
the mine or exploration site, but the BLM will confirm them in writing 
within 10 business days.

[[Page 1052]]



Sec. 3936.30  Enforcement of notices of noncompliance and orders.

    (a) If the operator, licensee, or lessee does not take action in 
accordance with the notice of noncompliance, the BLM may issue an order 
to suspend or cease operations or initiate legal proceedings to cancel 
the lease or terminate the license under subpart 3934 .
    (1) A notice of noncompliance will state how the operator, licensee, 
or lessee has not complied with established requirements, and will 
specify the action which must be taken to correct the noncompliance and 
the time limits within which such action must be taken. The operator, 
licensee, or lessee must notify the BLM when noncompliance items have 
been corrected.
    (2) If the operator, licensee, or lessee does not comply with the 
notice of noncompliance or order within the specified time frame, the 
operator, licensee, or lessee may be ordered to pay an assessment of 
$500 per day for each incident of noncompliance that is not corrected 
until the noncompliance is corrected to the BLM's satisfaction.
    (3) Noncompliance with the approved exploration or development plan 
that results in wasted resource may result in the lessee or licensee 
being assessed royalty at the market value, in addition to the 
noncompliance assessment.
    (b) If the BLM determines that the failure to comply with the 
exploration or development plan threatens health or human safety or 
immediate, serious, or irreparable damage to the environment, the mine 
or the deposit being mined or explored, or other valuable mineral 
deposits or other resources, the BLM may, either in writing or verbally 
followed with written confirmation within 5 business days, order the 
cessation of operations or exploration without prior notice.



Sec. 3936.40  Appeals.

    Notices of noncompliance and orders or decisions issued under the 
regulations in this part may be appealed as provided in part 4 of this 
title. All decisions and orders by the BLM under this part remain 
effective pending appeal unless the BLM decides otherwise. A petition 
for the stay of a decision may be filed with the IBLA.

[[Page 1053]]



                  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 grazing preference.
4110.2-3  Transfer of grazing preference.
4110.2-4  Allotments.
4110.3  Changes in grazing preference.
4110.3-1  Increasing active use.
4110.3-2  Decreasing active use.
4110.3-3  Implementing changes in active 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 Tribal, 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  Authorization of temporary changes in grazing use within the 
          terms and conditions of permits and leases, including 
          temporary nonuse.
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 1054]]

                  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.

          Subpart 4190_Effect of Wildfire Management Decisions

4190.1  Effect of wildfire management decisions.

    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.

    (a)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.
    (b) These objectives will be realized in a manner consistent with 
land use plans, multiple use, sustained yield, environmental values, 
economic and other objectives stated in 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. 1701) and the 
Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901(b)(2)).

[60 FR 9960, Feb. 22, 1995, as amended at 71 FR 39503, July 12, 2006]



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 that 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 Oregon and California Railroad Land Act of 
August 28, 1937 (43 U.S.C. 1181d);
    (e) The Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et 
seq.); and
    (f) Public land orders, Executive orders, and agreements that 
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; 71 FR 39503, July 12, 2006]



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 that portion of the grazing preference that is:
    (1) Available for livestock grazing use under a permit or lease 
based on livestock carrying capacity and resource conditions in an 
allotment; and

[[Page 1055]]

    (2) Not in suspension.
    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.
    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.
    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 or a Field Manager.
    Ephemeral rangelands means areas of the Hot Desert Biome (Region) 
that do not consistently produce enough forage to sustain a livestock 
operation, but from time to time produce sufficient 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 that authorizes grazing use of the 
public lands under Section 15 of the Act. A grazing lease specifies 
grazing preference and the terms and conditions under which lessees make 
grazing use during the term of the lease.
    Grazing permit means a document that authorizes grazing use of the 
public lands under Section 3 of the Act. A grazing permit specifies 
grazing preference and the terms and conditions under which permittees 
make grazing use during the term of the permit.
    Grazing preference or preference means the total number of animal 
unit months on public lands apportioned and attached to base property 
owned or controlled by a permittee, lessee, or an applicant for a permit 
or lease. Grazing

[[Page 1056]]

preference includes active use and use held in suspension. Grazing 
preference holders have a superior or priority position against others 
for the purpose of receiving a grazing permit or lease.
    Interested public means an individual, group, or organization that 
has:
    (1)(i) Submitted a written request to BLM to be provided an 
opportunity to be involved in the decisionmaking process as to a 
specific allotment, and
    (ii) Followed up that request by submitting written comment as to 
management of a specific allotment, or otherwise participating in the 
decisionmaking process as to a specific allotment, if BLM has provided 
them an opportunity for comment or other participation; or
    (2) 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.
    Preference means grazing preference (see definition of ``grazing 
preference'').
    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 withholding from active use, through a decision 
issued by the authorized officer or by agreement, of part or all of the 
grazing preference specified in a grazing permit or lease.
    Temporary nonuse means that portion of active use that the 
authorized officer authorizes not to be used, in response to an 
application made by 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 1057]]

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; 71 FR 39503, July 
12, 2006]



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.

    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. The information is collected to enable the authorized 
officer to determine whether to approve an application to utilize public 
lands for grazing or other purposes.

[71 FR 39503, July 12, 2006]



               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 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 under Sec. 4130.1-1(b).
    (c) 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; 71 FR 39503, July 12, 2006]



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

[[Page 1058]]

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 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.
    (d) 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.
    (e) 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.
    (f) 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; 71 FR 39503, July 12, 2006]



Sec. 4110.2-2  Specifying grazing preference.

    (a) All grazing permits and grazing leases will specify grazing 
preference, except for permits and leases for designated ephemeral 
rangelands, where BLM authorizes livestock use based upon forage 
availability, or designated annual rangelands. Preference includes 
active use and any suspended use. Active use is based on 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 grazing preference specified is attached to the base 
property supporting the grazing permit or grazing lease.
    (c) The animal unit months of grazing preference are attached to:
    (1) The acreage of land base property on a pro rata basis, or

[[Page 1059]]

    (2) Water base property on the basis of livestock forage production 
within the service area of the water.

[71 FR 39503, July 12, 2006]



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) 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 BLM a properly executed 
transfer application showing the base property and the grazing 
preference, in animal unit months, attached to that base property.
    (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. 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.
    (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; 71 FR 
39504, July 12, 2006]



Sec. 4110.2-4  Allotments.

    After consultation, cooperation, and coordination with the affected 
grazing permittees or lessees and the state having lands or 
responsibility for managing resources within the area, 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.

[71 FR 39504, July 12, 2006]



Sec. 4110.3  Changes in grazing preference.

    (a) The authorized officer will periodically review the grazing 
preference

[[Page 1060]]

specified in a grazing permit or lease and make changes in the grazing 
preference as needed to:
    (1) Manage, maintain, or improve rangeland productivity;
    (2) Assist in making progress toward restoring ecosystems to 
properly functioning condition;
    (3) Conform with land use plans or activity plans; or
    (4) Comply with the provisions of subpart 4180 of this part.
    (b) The authorized officer will support these changes by monitoring, 
documented field observations, ecological site inventory, or other data 
acceptable to the authorized officer.
    (c) Before changing grazing preference, the authorized officer will 
undertake the appropriate analysis as required by the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). Under 
NEPA, the authorized officer will analyze and, if appropriate, document 
the relevant social, economic, and cultural effects of the proposed 
action.

[71 FR 39504, July 12, 2006]



Sec. 4110.3-1  Increasing active use.

    When monitoring or documented field observations show that 
additional forage is available for livestock grazing, either on a 
temporary or sustained yield basis, BLM may apportion additional forage 
to qualified applicants for livestock grazing use consistent with 
multiple-use management objectives specified in the applicable land use 
plan.
    (a) Additional forage temporarily available. When the authorized 
officer determines that additional forage is temporarily available for 
livestock, he may authorize its use on a nonrenewable basis under 
Sec. 4130.6-2 in the following order:
    (1) To permittees or lessees who have preference for grazing use in 
the allotment where the forage is available, in proportion to their 
active use; and
    (2) To other qualified applicants under Sec. 4130.1-2.
    (b) Additional forage available on a sustained yield basis. When the 
authorized officer determines that additional forage is available for 
livestock use on a sustained yield basis, he will apportion it in the 
following manner:
    (1) First, to remove all or a part of the suspension of preference 
of permittees or lessees with permits or leases in the allotment where 
the forage is available; and
    (2) Second, if additional forage remains after ending all 
suspensions, the authorized officer will consult, cooperate, and 
coordinate with the affected permittees or lessees, the state having 
lands or responsibility for managing resources within the area, the 
interested public, and apportion it in the following order:
    (i) Permittees or lessees in proportion to their contribution to 
stewardship efforts that result in increased forage production;
    (ii) Permittees or lessees in proportion to the amount of their 
grazing preference; and
    (iii) Other qualified applicants under Sec. 4130.1-2.

[71 FR 39504, July 12, 2006]



Sec. 4110.3-2  Decreasing active use.

    (a) The authorized officer may suspend active use in whole or in 
part on a temporary basis due to reasons specified in Sec. 4110.3-
3(b)(1), or to facilitate installation, maintenance, or modification of 
range improvements.
    (b) When monitoring or documented field observations show grazing 
use or patterns of use are not consistent with the provisions of subpart 
4180 of this part, 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 will 
reduce active use, otherwise modify management practices, or both. To 
implement reductions under this paragraph, BLM will suspend active use.

[71 FR 39504, July 12, 2006]



Sec. 4110.3-3  Implementing changes in active use.

    (a)(1) After consultation, cooperation, and coordination with the 
affected permittee or lessee and the state having lands or 
responsibility for managing resources within the area, the authorized 
officer will implement

[[Page 1061]]

changes in active use through a documented agreement or by a decision. 
The authorized officer will implement changes in active use in excess of 
10 percent over a 5-year period unless:
    (i) After consultation with the affected permittees or lessees, an 
agreement is reached to implement the increase or decrease in less than 
5 years, or
    (ii) The changes must be made before 5 years have passed in order to 
comply with applicable law.
    (2) Decisions implementing Sec. 4110.3-2 will be issued as proposed 
decisions pursuant to Sec. 4160.1, except as provided in paragraph (b) 
of this section.
    (b)(1) After consultation with, or a reasonable attempt to consult 
with, affected permittees or lessees and the state having lands or 
responsibility for managing resources within the area, the authorized 
officer will 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 when the authorized 
officer determines and documents that--
    (i) The soil, vegetation, or other resources on the public lands 
require immediate protection because of conditions such as drought, 
fire, flood, or insect infestation; or
    (ii) Continued grazing use poses an imminent likelihood of 
significant resource damage.
    (2) 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 will 
remain in effect pending the decision on appeal unless the Office of 
Hearings and Appeals grants a stay in accordance with Sec. 4.472 of this 
title.

[71 FR 39504, July 12, 2006]



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 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) Grazing preference may be canceled 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; 71 FR 39505, July 12, 2006]



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

[[Page 1062]]

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 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 will 
be issued in accordance with Sec. 4160.1.
    (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; 71 
FR 39505, July 12, 2006]



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.

[[Page 1063]]

    (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) The authorized officer will review proposed range improvement 
projects as required by the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). The decision document following the 
environmental analysis shall be issued in accordance with Sec. 4160.1.

[49 FR 6452, Feb. 21, 1984, as amended at 60 FR 9964, Feb. 22, 1995; 61 
FR 4227, Feb. 5, 1996; 71 FR 39505, July 12, 2006]



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, cooperators and the United 
States will share title to permanent structural range improvements such 
as fences, wells, and pipelines where authorization is granted after 
August 11, 2006 in proportion to their contribution to on-the-ground 
project development and construction costs. The authorization for all 
new permanent water developments, such as spring developments, wells, 
reservoirs, stock tanks, and pipelines, shall be through cooperative 
range improvement agreements. The authorized officer will document a 
permittee's or lessee's interest in contributed funds, labor, and 
materials 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; 71 
FR 39505, July 12, 2006]



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) If forage available for livestock is not or will not be used by 
the preference permittee or lessee, BLM may issue nonrenewable grazing 
permits or leases to other qualified applicants to use it under 
Secs. 4130.6-2 and 4130.4(d), or Sec. 4110.3-1(a)(2). The term ``forage 
available for livestock'' does not include temporary nonuse that BLM 
approves

[[Page 1064]]

for reasons of natural resource conservation, enhancement, or 
protection, or use suspended by BLM under Sec. 4110.3-2(b). Before 
issuing a nonrenewable permit or lease, BLM will consult, cooperate, and 
coordinate as provided in Sec. 4130.6-2. If BLM issues such a 
nonrenewable permit or lease, the preference permittee or lessee shall 
cooperate with the temporary authorized use of forage by another 
operator.
    (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; 71 FR 39505, July 12, 2006]



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.
    (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

[[Page 1065]]

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 which 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; 71 
FR 39505, July 12, 2006]



Sec. 4120.3-9  Water rights for the purpose of livestock grazing
on public lands.

    Any right that the United States acquires to use water on public 
land for the purpose of livestock watering on public land will be 
acquired, perfected, maintained, and administered under the substantive 
and procedural laws of the state within which such land is located.

[71 FR 39505, July 12, 2006]



Sec. 4120.4  Special rules.

    (a) When a State Director determines that local conditions require a 
special 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 Tribal, 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 
will cooperate with Tribal, state, county, and Federal agencies in the 
administration of laws and regulations relating to livestock, livestock 
diseases, sanitation, and noxious weeds, including--

[[Page 1066]]

    (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.);
    (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; and
    (c) Tribal, state, county, or local government-established grazing 
boards in reviewing range improvements and allotment management plans on 
public lands.

[60 FR 9965, Feb. 22, 1995, as amended at 71 FR 39505, July 12, 2006]



                  Subpart 4130_Authorizing Grazing Use



Sec. 4130.1  Applications.



Sec. 4130.1-1  Filing applications.

    (a) 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.
    (b) The authorized officer will determine whether applicants for the 
renewal of permits and leases or issuance of permits and leases that 
authorize use of new or transferred preference, and any affiliates, have 
a satisfactory record of performance. The authorized officer will not 
renew or issue a permit or lease unless the applicant and all affiliates 
have a satisfactory record of performance.
    (1) Renewal of permit or lease. (i) The authorized officer will deem 
the applicant for renewal of a grazing permit or lease, and any 
affiliate, 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 or transfer of grazing preference. The 
authorized officer will deem applicants for new permits or leases or 
transfer of grazing preference, including permits or leases that arise 
from transfer of preference, and any affiliates, to have a record of 
satisfactory performance when--
    (i) The applicant or affiliate has not had any Federal grazing 
permit or lease canceled, in whole or in part, for violation of the 
permit or lease within the 36 calendar months immediately preceding the 
date of application; and
    (ii) The applicant or affiliate has not had any state grazing permit 
or lease, for lands within the grazing allotment for which a Federal 
permit or lease is sought, canceled, in whole or in part, for violation 
of the permit or lease within the 36 calendar months immediately 
preceding the date of application; and
    (iii) A court of competent jurisdiction has not barred the applicant 
or affiliate from holding a Federal grazing permit or lease.
    (c) In determining whether affiliation exists, the authorized 
officer will consider all appropriate factors, including, but not 
limited to, common ownership, common management, identity of interests 
among family members, and contractual relationships.

[71 FR 39505, July 12, 2006]



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;

[[Page 1067]]

    (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 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 and leases authorize use on the public lands and 
other BLM-administered lands that are designated in land use plans as 
available for livestock grazing. Permits and leases will specify the 
grazing preference, including active and suspended use. These grazing 
permits and leases will also specify terms and conditions pursuant to 
Secs. 4130.3, 4130.3-1, and 4130.3-2.
    (b) The authorized officer will consult, cooperate, and coordinate 
with affected permittees and lessees, and the state having lands or 
responsibility for managing resources within the area, before issuing or 
renewing 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; and
    (3) The permittee or lessee accepts the terms and conditions to be 
included by the authorized officer in the new permit or lease.
    (f) A permit or lease is not valid unless both BLM and the permittee 
or lessee have signed it.
    (g) Permits or leases may incorporate the percentage of public land 
livestock use (see Sec. 4130.3-2(g)) or may include private land offered 
under exchange-of-use grazing agreements (see Sec. 4130.6-1).
    (h) Provisions explaining how grazing permits or authorizations may 
be granted for grazing use on state, county or private land leased by 
the Bureau 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; 71 FR 39506, July 12, 
2006]



Sec. 4130.3  Terms and conditions.

    (a) 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.
    (b) Upon a BLM offer of a permit or lease, the permit or lease terms 
and

[[Page 1068]]

conditions may be protested and appealed under part 4 and subpart 4160 
of this part.
    (c) If any term or condition of a BLM-offered permit or lease is 
stayed pending appeal, BLM will authorize grazing use as provided in 
Sec. 4160.4 with respect to the stayed term or condition.

[60 FR 9966, Feb. 22, 1995, as amended at 71 FR 39506, July 12, 2006]



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.

    (a) Following consultation, cooperation, and coordination with the 
affected lessees or permittees and the state having lands or 
responsibility for managing resources within the area, the authorized 
officer may modify terms and conditions of the permit or lease when the 
active use or related management practices:
    (1) Do not meet management objectives specified in:
    (i) The land use plan;
    (ii) The pertinent allotment management plan or other activity plan; 
or
    (iii) An applicable decision issued under Sec. 4160.3; or
    (2) Do not conform to the provisions of subpart 4180 of this part.

[[Page 1069]]

    (b) To the extent practical, during the preparation of reports that 
evaluate monitoring and other data that the authorized officer uses as a 
basis for making decisions to increase or decrease grazing use, or 
otherwise to change the terms and conditions of a permit or lease, the 
authorized officer will provide the following with an opportunity to 
review and offer input:
    (1) Affected permittees or lessees;
    (2) States having lands or responsibility for managing resources 
within the affected area; and
    (3) The interested public.

[71 FR 39506, July 12, 2006]



Sec. 4130.4  Authorization of temporary changes in grazing use within
the terms and conditions of permits and leases, including temporary
nonuse.

    (a) The authorized officer may authorize temporary changes in 
grazing use within the terms and conditions of the permit or lease.
    (b) For the purposes of this subpart, ``temporary changes in grazing 
use within the terms and conditions of the permit or lease'' means 
temporary changes in livestock number, period of use, or both, that 
would:
    (1) Result in temporary nonuse; or
    (2) Result in forage removal that--
    (i) Does not exceed the amount of active use specified in the permit 
or lease; and
    (ii) Occurs either not earlier than 14 days before the begin date 
specified on the permit or lease, and not later than 14 days after the 
end date specified on the permit or lease, unless otherwise specified in 
the appropriate allotment management plan under Sec. 4120.2(a)(3); or
    (3) Result in both temporary nonuse under paragraph (b)(1) of this 
section and forage removal under paragraph (b)(2) of this section.
    (c) The authorized officer will consult, cooperate, and coordinate 
with the permittees or lessees regarding their applications for changes 
within the terms and conditions of their permit or lease.
    (d) Permittees and lessees must apply if they wish--
    (1) Not to use all or a part of their active use by applying for 
temporary nonuse under paragraph (e) of this section;
    (2) To use forage previously authorized as temporary nonuse; or
    (3) To use forage that is temporarily available on designated 
ephemeral or annual ranges.
    (e)(1) Temporary nonuse is authorized--
    (i) Only if the authorized officer approves in advance; and
    (ii) For no longer than one year at a time.
    (2) Permittees or lessees applying for temporary nonuse use must 
state on their application the reasons supporting nonuse. The authorized 
officer may authorize nonuse to provide for:
    (i) Natural resource conservation, enhancement, or protection, 
including more rapid progress toward meeting resource condition 
objectives or attainment of rangeland health standards; or
    (ii) The business or personal needs of the permittee or lessee.
    (f) Under Sec. 4130.6-2, the authorized officer may authorize 
qualified applicants to graze forage made available as a result of 
temporary nonuse approved for the reasons described in paragraph 
(e)(2)(ii) of this section. The authorized officer will not authorize 
anyone to graze forage made available as a result of temporary nonuse 
approved under paragraph (e)(2)(i) of this section.
    (g) Permittees or lessees who wish to obtain temporary changes in 
grazing use within the terms and conditions of their permit or lease 
must file an application in writing with BLM on or before the date they 
wish the change in grazing use to begin. The authorized officer will 
assess a service charge under Sec. 4130.8-3 to process applications for 
changes in grazing use that require the issuance of a replacement or 
supplemental billing notice.

[71 FR 39506, July 12, 2006]



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

[[Page 1070]]

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 grazing 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; 71 FR 39507, July 12, 2006]



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 
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.

    (a) Nonrenewable grazing permits or leases may be issued on an 
annual basis, as provided in Sec. 4110.3-1(a), 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, 
and the state having lands or responsibility for managing resources 
within the area, before issuing nonrenewable grazing permits and leases.
    (b) Notwithstanding the provisions of Sec. 4.21(a)(1) of this title, 
when BLM determines that it is necessary for orderly administration of 
the public lands, the authorized officer may make a decision that issues 
a nonrenewable grazing permit or lease, or that affects an application 
for grazing use on annual or designated ephemeral rangelands, effective 
immediately or on a date established in the decision.

[71 FR 39507, July 12, 2006]



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

[[Page 1071]]

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, 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

[[Page 1072]]

          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 will be charged 
for each animal unit month of 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:
    (1) Over the age of 6 months at the time of entering the public 
lands or other lands administered by BLM;
    (2) Weaned regardless of age; or
    (3) Becoming 12 months of age during the authorized period of use.
    (d) BLM will not charge grazing fees for animals that are less than 
6 months of age at the time of entering BLM-administered lands, provided 
that they are the progeny of animals upon which fees are paid, and they 
will not become 12 months of age during the authorized period of use.
    (e) In calculating the billing, the authorized officer will prorate 
the grazing fee on a daily basis and will round charges to reflect the 
nearest whole number of animal unit months.
    (f) 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.
    (g) 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.
    (h) 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 after the due date is a

[[Page 1073]]

violation of Sec. 4140.1(b)(1) and may result in action by the 
authorized officer under Sec. 4150.1 and subpart 4160 of this part.

[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; 71 FR 39507, July 12, 2006]



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) Under section 304(a) of the Federal Land Policy and Management 
Act of 1976, BLM may establish reasonable charges for various services 
such as application processing. BLM may adjust these charges 
periodically to account for cost changes. BLM will inform the public of 
any changes by publishing a notice in the Federal Register.
    (b) The following table of service charges is applicable until 
changed through a Federal Register notice as provided in paragraph (a) 
of this section. Except when the action is initiated by BLM, the 
authorized officer will assess the following service charges:

------------------------------------------------------------------------
                         Action                           Service charge
------------------------------------------------------------------------
Issue crossing permit...................................             $75
Transfer grazing preference.............................             145
Cancel and replace or supplement a grazing fee billing..              50
------------------------------------------------------------------------


[71 FR 39507, July 12, 2006]



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.

    (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 by a 
permit or lease for 2 consecutive fee years. This does not include 
approved temporary nonuse or use temporarily suspended by the authorized 
officer;
    (3) Placing supplemental feed on these lands without authorization, 
or contrary to the terms and conditions of the permit or lease;
    (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 on BLM-
administered lands are subject to civil and criminal

[[Page 1074]]

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 or other grazing use authorization 
(see Sec. 4130.6) and timely payment of grazing fees;
    (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;
    (11) Failing to reclose any gate or other entry during periods of 
livestock use.
    (c)(1) A grazing permittee or lessee performing any of the 
prohibited acts listed in paragraphs (c)(2) or (c)(3) of this section on 
an allotment where he is authorized to graze under a BLM permit or lease 
may be subject to the civil penalties set forth at Sec. 4170.1-1, if:
    (i) The permittee or lessee performs the prohibited act while 
engaged in activities related to grazing use authorized by his permit or 
lease;
    (ii) 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
    (iii) No further appeals are outstanding.
    (2) 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 archaeological or cultural 
resources.
    (3)(i) Violation of the Bald and Golden Eagle Protection Act (16 
U.S.C. 668 et seq.), ESA (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
    (ii) 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 straying 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; 71 FR 39507, July 12, 
2006]

[[Page 1075]]



                  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 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 4.472(d).

[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; 71 FR 39507, July 
12, 2006]



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

[[Page 1076]]

found to be due the United States under this section has been paid. The 
authorized officer may take action under subpart 4160 of this part to 
cancel or suspend grazing authorizations or to deny approval of 
applications for grazing use until such amounts have been paid.
    (f) Upon a stay of a decision issued under paragraph (e) of this 
section, the authorized officer will allow a permittee or lessee to 
graze in accordance with this part 4100 pending completion of the 
administrative appeal process.

[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; 71 FR 39508, July 12, 
2006]



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 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

[[Page 1077]]

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 Secs. 4110.3-3(b), 4130.6-2(b), 
4150.2(d), or 4190.1(a).
    (d) A biological assessment or biological evaluation prepared by BLM 
for purposes of an ESA consultation or conference is not a proposed or 
final decision for purposes of protest or appeal.

[60 FR 9968, Feb. 22, 1995, as amended at 71 FR 39508, July 12, 2006]



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]



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) 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 Secs. 4110.3-3(b), 
4130.6-2(b), 4150.2(d), or 4190.1(a). Nothing in this section shall 
affect the authority of the Director of the Office of Hearings and 
Appeals, the Interior Board of Land Appeals, or an administrative law 
judge to provide that the decision becomes effective immediately as 
provided in Secs. 4.21(a)(1) and 4.479(c) 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; 71 FR 39508, July 12, 2006]



Sec. 4160.4  Appeals.

    (a) Any person whose interest is adversely affected who wishes to 
appeal or seek a stay of a final BLM grazing decision must follow the 
requirements set forth in Sec. 4.472 of this title. The appeal and any 
petition for stay must be filed with the BLM office that issued

[[Page 1078]]

the decision within 30 days after its receipt or within 30 days after 
the proposed decision becomes final as provided in Sec. 4160.3(a).
    (b) When OHA stays all or a portion of a BLM grazing decision that 
affects a grazing permit or lease, BLM will authorize grazing use as 
follows:
    (1) When OHA stays implementation of all or part of a grazing 
decision that cancels or suspends a permit or lease, changes any term or 
condition of a permit or lease during its current term, or renews a 
permit or lease, BLM will continue to authorize grazing under the permit 
or lease, or the relevant term or condition thereof, that was in effect 
immediately before the decision was issued, subject to any relevant 
provisions of the stay order. This continued authorization will expire 
upon the resolution of the administrative appeal. Such continued 
authorization is not subject to protest or appeal.
    (2) When OHA stays implementation of a grazing decision that issues 
or denies issuance of a permit or lease to a preference transferee, BLM 
will issue the preference applicant a permit or lease with terms and 
conditions that are the same as the terms and conditions of the most 
recent permit or lease applicable to the allotment or portion of the 
allotment in question, subject to any relevant provisions of the stay 
order. This temporary permit will expire upon the resolution of the 
administrative appeal. Issuance of the temporary permit is not a 
decision subject to protest or appeal.
    (3) When OHA stays implementation of a grazing decision that issues 
a permit or lease to a preference transferee with terms and conditions 
different from terms and conditions of the most recent permit or lease 
applicable to the allotment or portion of the allotment in question, BLM 
will issue the preference applicant a permit or lease that, with respect 
to any stayed term or condition, is the same as the terms and conditions 
of the most recent permit or lease applicable to the allotment or 
portion of the allotment in question, subject to any relevant provisions 
of the stay order. This temporary permit will expire upon the resolution 
of the administrative appeal. Issuance of the temporary permit is not a 
decision subject to protest or appeal.

[71 FR 39508, July 12, 2006]



                         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 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

[[Page 1079]]

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, cooperation, and 
coordination with the permittee or lessee and any lienholder of record, 
may cancel whatever amount of active use the permittee or lessee has 
failed to use.

[71 FR 39508, July 12, 2006]



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.

    Standards and guidelines developed or revised by a Bureau of Land 
Management State Director under Sec. 4180.2(b) must be consistent with 
the following fundamentals of rangeland health:
    (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 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 or candidate threatened and endangered species, and 
other special status species.

[60 FR 9969, Feb. 22, 1995, as amended at 71 FR 39508, July 12, 2006]



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

[[Page 1080]]

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. 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)(1) If a standards assessment indicates to the authorized officer 
that the rangeland is failing to achieve standards or that management 
practices do not conform to the guidelines, then the authorized officer 
will use monitoring data to identify the significant factors that 
contribute to failing to achieve the standards or to conform with the 
guidelines. If the authorized officer determines through standards 
assessment and monitoring 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, the authorized officer will, in compliance 
with applicable laws and with the consultation requirements of this 
part, formulate, propose, and analyze appropriate action to address the 
failure to meet standards or to conform to the guidelines.
    (i) Parties will execute a documented agreement and/or the 
authorized officer will issue a final decision on the appropriate action 
under Sec. 4160.3 as soon as practicable, but not later than 24 months 
after a determination.
    (ii) BLM may extend the deadline for meeting the requirements 
established in paragraph (c)(1)(i) of this section when legally required 
processes that are the responsibility of another agency prevent 
completion of all legal obligations within the 24-month time frame. BLM 
will make a decision as soon as practicable after the legal requirements 
are met.
    (2) Upon executing the agreement and/or in the absence of a stay of 
the final decision, the authorized officer will implement the 
appropriate action as soon as practicable, but not later than the start 
of the next grazing year.
    (3) The authorized officer will take appropriate action as defined 
in this paragraph by the deadlines established in paragraphs (c)(1) and 
(c)(2) of 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 and regional standards developed or revised 
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, and 
other 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:

[[Page 1081]]

    (1) Maintaining or promoting adequate amounts of vegetative ground 
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, 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) 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 paragraph 
(f)(2) of this section will apply and will be implemented in accordance 
with paragraph (c) of this section.
    (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;
    (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, 
candidate, and other special status species

[[Page 1082]]

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; 71 
FR 39508, July 12, 2006]



          Subpart 4190_Effect of Wildfire Management Decisions



Sec. 4190.1  Effect of wildfire management decisions.

    (a) Notwithstanding the provisions of 43 CFR 4.21(a)(1), when BLM 
determines that vegetation, soil, or other resources on the public lands 
are at substantial risk of wildfire due to drought, fuels buildup, or 
other reasons, or at immediate risk of erosion or other damage due to 
wildfire, BLM may make a rangeland wildfire management decision 
effective immediately or on a date established in the decision. Wildfire 
management includes but is not limited to:
    (1) Fuel reduction or fuel treatment such as prescribed burns and 
mechanical, chemical, and biological thinning methods (with or without 
removal of thinned materials); and
    (2) Projects to stabilize and rehabilitate lands affected by 
wildfire.
    (b) The Interior Board of Land Appeals will issue a decision on the 
merits of an appeal of a wildfire management decision under paragraph 
(a) of this section within the time limits prescribed in 43 CFR 4.416.

[68 FR 33804, June 5, 2003]



Group 4200_Grazing Administration; Alaska; Livestock--
Table of Contents





PART 4200_GRAZING ADMINISTRATION; ALASKA; LIVESTOCK--Table of Contents



    Authority: 43 U.S.C. 316, 316a-316o; 32 U.S.C. 1701 et seq.



Sec. 4200.1  Authority for grazing privileges.

    The BLM is authorized under the Alaska Livestock Grazing Act (Act of 
March 4, 1927, 43 U.S.C. 316, 316a-316o) to lease to qualified 
applicants the grazing privileges on the grazing districts established 
in Alaska.

[63 FR 51855, Sept. 29, 1998]



Group 4300_Grazing Administration; Alaska; Reindeer; General--
Table of Contents



    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]

[[Page 1083]]



PART 4300_GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL--
Table of Contents



                           General Information

Sec.
4300.1  What is a reindeer?
4300.2  Is there a special form for my application?

             Before you Apply for a Reindeer Grazing Permit

4300.10  On what types of public land can I obtain a reindeer grazing 
          permit?
4300.11  Who qualifies to apply for a permit?
4300.12  What is the definition of a Native?

                      Applying for a Grazing Permit

4300.20  How do I apply for a permit?
4300.21  What must I include in my application?
4300.22  What fees must I pay?
4300.23  After I file my application, can I use the land before BLM 
          issues my permit?
4300.24  Does my filed application mean that no one else can file an 
          application?
4300.25  Does my filed application mean I will automatically receive a 
          permit?

              Protests Against a Grazing Permit Application

4300.30  Can someone else protest my permit application?

                   Conditions of Your Approved Permit

4300.40  How long can I graze reindeer with my permit?
4300.41  What will the permit say about the number of reindeer and where 
          I can graze them?
4300.42  If I have existing improvements on the land, will these be 
          allowed in the initial permit?
4300.43  What should I do if I want to construct and maintain 
          improvements on the land?
4300.44  Are there any major restrictions on my grazing permit that I 
          might otherwise think are allowed?
4300.45  Must I submit any reports?

                   Changes That Can Affect Your Permit

                         Other Uses of the Land

4300.50  Are there other uses of the land that may affect my permit?
4300.51  Will I be notified if another use, disposal, or withdrawal 
          occurs on the land?
4300.52  Can other persons use the land in my permit for mineral 
          exploration or production?

                 Changes in the Size of the Permit Area

4300.53  Can BLM reduce the size of the land in my permit?
4300.54  Can BLM increase the size of the land in my permit?
4300.55  What if I don't agree with an adjustment of my permit area?

                             Permit Renewals

4300.57  How do I apply for a renewal of my permit?
4300.58  Will the renewed permit be exactly the same as the old permit?

                 Assigning Your Permit to Another Party

4300.59  If I want to assign my permit to another party, when must I 
          notify BLM?
4300.60  What must be included in my assignment document?
4300.61  Can I sublease any part of the land in my permit?

                         Closing out Your Permit

4300.70  May I relinquish my permit?
4300.71  Under what circumstances can BLM modify, reduce or cancel my 
          permit?
4300.72  May I remove my personal property or improvements when the 
          permit expires or terminates?

                        Reindeer Crossing Permit

4300.80  How can I get a permit to cross reindeer over public lands?

                                Trespass

4300.90  That is a trespass?

    Authority: 25 U.S.C. 500k, and 43 U.S.C. 1701 et seq.

    Source: 63 FR 55550, Oct. 16, 1998, unless otherwise noted.

                           General Information



Sec. 4300.1  What is a reindeer?

    Reindeer, Rangifer tarandus, are a semi-domesticated member of the 
deer family, Cervidae. They are essentially the same animal as their 
wild cousins, the caribou, but tend to be smaller than caribou. Reindeer 
and caribou are different subspecies of the same family, genus, and 
species. The term ``reindeer'' includes caribou that have been 
introduced into animal husbandry or have joined reindeer herds, the 
offspring of these caribou, and the offspring of reindeer.

[[Page 1084]]



Sec. 4300.2  Is there a special form for my application?

    All applications you submit to BLM must be on a BLM-approved form 
and in duplicate. The forms to be used in this part are the Grazing 
Lease or Permit Application (Form 4201-1), the Reindeer Grazing Permit 
(Form 4132-2), and the Range Improvement Permit (Form 4120-7).

             Before You Apply for a Reindeer Grazing Permit



Sec. 4300.10  On what types of public land can I obtain a reindeer
grazing permit?

    (a) You may apply for public lands that are vacant and 
unappropriated.
    (b) You may apply for public lands which have been withdrawn for any 
purpose, but the Department or agency with administrative jurisdiction 
of the withdrawn lands must give its prior consent, and may impose terms 
or conditions on the use of the land.
    (c) If the lands you apply for are within natural caribou migration 
routes, or if they have other important values for wildlife, BLM will 
consult with the Alaska Department of Fish and Game before issuing a 
permit. BLM may include such lands in a permit at its discretion, and a 
permit will contain any special terms and conditions to protect wildlife 
resources.



Sec. 4300.11  Who qualifies to apply for a permit?

    Natives, groups, associations or corporations of Natives as defined 
by the Act of September 1, 1937 (50 Stat. 900) qualify. If you are a 
Native corporation, you must be organized under the laws of the United 
States or the State of Alaska. Native corporations organized under the 
Alaska Native Claims Settlement Act also qualify.



Sec. 4300.12  What is the definition of a Native?

    Natives are:
    (a) Native Indians, Eskimos, and Aleuts of whole or part blood 
living in Alaska at the time of the Treaty of Cession of Alaska to the 
United States, and their descendants of whole or part blood; and
    (b) Indians and Eskimos who, between 1867 and September 1, 1937, 
migrated into Alaska from Canada, and their descendants of whole or part 
blood.

                      Applying for a Grazing Permit



Sec. 4300.20  How do I apply for a permit?

    You must execute a completed application for a grazing permit (Form 
4201-1) and file it in the BLM office with jurisdiction over the lands 
for which you are applying.



Sec. 4300.21  What must I include in my application?

    (a) You must include a certification of reindeer allotment to you, 
signed by the Bureau of Indian Affairs, if you are to receive a herd 
from the Government. If you obtain reindeer from a source other than the 
Government, you should state the source and show evidence of purchase or 
option to purchase.
    (b) Your initial application must list the location of and describe 
the improvements you own in the application area. You must have this 
statement verified by the Bureau of Indian Affairs before you submit it 
to BLM.



Sec. 4300.22  What fees must I pay?

    You must pay a $10 filing fee with each application. No grazing fee 
will be charged.



Sec. 4300.23  After I file my application, can I use the land before 
BLM issues my permit?

    No. You cannot use the land until BLM issues you a permit. 
Generally, BLM will issue a permit within 120 days after receiving an 
application and will keep you informed if there are delays in meeting 
that timeframe.



Sec. 4300.24  Does my filed application mean that no one else can
file an application?

    No. The filing of your application will not segregate the land. 
Anyone else may file an application and BLM may dispose of the lands 
under the public land laws.

[[Page 1085]]



Sec. 4300.25  Does my filed application mean I will automatically 
receive a permit?

    No. BLM issues grazing permits at its discretion. Our decisionmaking 
is based on resource management guidelines developed in land use plans 
and in consultation with other State and Federal resource management 
agencies.

              Protests Against a Grazing Permit Application



Sec. 4300.30  Can someone else protest my permit application?

    (a) Yes, anyone may file a protest with BLM. The protest does not 
have to be in a particular format nor on a BLM-approved form but it 
must:
    (1) Be filed in duplicate with BLM;
    (2) Contain a complete description of all facts upon which it is 
based;
    (3) Describe the lands involved; and
    (4) Be accompanied by evidence of service of a copy of the protest 
on the applicant.
    (b) If the person protesting also wants a grazing permit for all or 
part of the land described in the protested application, the protest 
must be accompanied by a grazing permit application.

                   Conditions of Your Approved Permit



Sec. 4300.40  How long can I graze reindeer with my permit?

    BLM issues permits for a maximum of 10 years, except when you 
request a shorter term, or when BLM determines that a shorter period is 
in the public interest. The issued permit will specify the number of 
years you can graze reindeer.



Sec. 4300.41  What will the permit say about the number of reindeer
and where I can graze them?

    (a) The permit will indicate the maximum number of reindeer you can 
graze on the permit area based on range conditions. BLM can adjust this 
number if range conditions change, as for example, by natural causes, 
overgrazing, or fire.
    (b) The permit will restrict grazing to a definitely described area 
which BLM feels is usable and adequate for your needs.



Sec. 4300.42  If I have existing improvements on the land, will these
be allowed in the initial permit?

    Yes, any improvements existing on the land will be allowed.



Sec. 4300.43  What should I do if I want to construct and maintain
improvements on the land?

    (a) You should file an application (Form 4120-7) with BLM for a 
permit to do this. A permit will allow you to construct, maintain, and 
use any fence, building, corral, reservoir, well or other improvement 
needed for grazing under the grazing permit; and
    (b) You must comply with Alaska state law in the construction and 
maintenance of fences, but any fence must be constructed to permit 
ingress and egress of miners, mineral prospectors, and other persons 
entitled to enter the area for lawful purposes.



Sec. 4300.44  Are there any major restrictions on my grazing permit
that I might otherwise think are allowed?

    Yes. You must not:
    (a) Enclose roads, trails and highways as to disturb public travel 
there;
    (b) Interfere with existing communication lines or other 
improvements;
    (c) Prevent legal hunting, fishing or trapping on the land;
    (d) Prevent access by persons, such as miners and mineral 
prospectors, entitled to lawfully enter; or
    (e) Graze reindeer without complying with applicable State and 
Federal laws on livestock quarantine and sanitation.



Sec. 4300.45  Must I submit any reports?

    Yes. Before April 1 of the second permit year and each year 
afterwards, you must submit a report in duplicate to BLM which describes 
your grazing operations during the preceding year. Reports do not have 
to be on a BLM-approved form nor in a particular format.

                   Changes That Can Affect Your Permit

                         Other Uses of the Land



Sec. 4300.50  Are there other uses of the land that may affect
my permit?

    Yes. The lands described in your grazing permit and the subsurface 
can be affected by uses that BLM considers

[[Page 1086]]

more important than grazing. Your permit can be modified or reduced in 
size or canceled by BLM to allow for:
    (a) Protection, development and use of the natural resources, e.g., 
minerals, timber, and water, under applicable laws and regulations;
    (b) Agricultural use;
    (c) Applications for and the acquisition of homesites, easements, 
permits, leases or other rights and uses, or any disposal or withdrawal, 
under the applicable public land laws; or
    (d) Temporary closing of portions of the permitted area to grazing 
whenever, because of improper handling of reindeer, overgrazing, fire or 
other cause, BLM judges this necessary to restore the range to its 
normal condition.



Sec. 4300.51  Will I be notified if another use, disposal,
or withdrawal occurs on the land?

    Yes. If there is a settlement, location, entry, disposal, or 
withdrawal on any lands described in your permit, BLM will notify you 
and will reduce your permit area by the amount of the area involved.



Sec. 4300.52  Can other persons use the land in my permit for
mineral exploration or production?

    Yes. Unless the land is otherwise withdrawn, the land in your permit 
is subject to lease or leasing under the mineral leasing laws and under 
the Geothermal Steam Act, and mineral materials disposal under the 
Materials Act. Also, it can be prospected, located, and purchased under 
the mining laws and applicable regulations at 43 CFR Group 3800.

                 Changes in the Size of the Permit Area



Sec. 4300.53  Can BLM reduce the size of the land in my permit?

    Yes. BLM may reduce it at any time but must notify you at least 30 
days before taking this action. BLM can reduce the area when:
    (a) BLM determines that the area is too large for the number of 
reindeer you are grazing; or
    (b) When disposal, withdrawal, natural causes, such as drought or 
fire, or any other reason in Sec. 4300.50 so requires.



Sec. 4300.54  Can BLM increase the size of the land in my permit?

    Yes. BLM may increase the area on its own initiative or by your 
request if BLM determines that the area is too small for the number of 
reindeer you are grazing. BLM will give you at least 30 days' notice of 
this action.



Sec. 4300.55  What if I don't agree with an adjustment of my permit
area?

    You must contact BLM within the notice period to show cause why the 
area should not be adjusted. After the BLM field office manager makes a 
decision on the adjustment, you have the right to appeal that decision 
to the Interior Board of Land Appeals (IBLA) under 43 CFR part 4. The 
IBLA makes the final decision.

                             Permit Renewals



Sec. 4300.57  How do I apply for a renewal of my permit?

    You must submit an application for renewal, using the same form as 
the original application, between four and eight months before the 
permit expires. A $10 filing fee must accompany the application.



Sec. 4300.58  Will the renewed permit be exactly the same as the
old permit?

    At its discretion, BLM may offer you a renewed grazing permit with 
such terms, conditions, and duration that it determines are in the 
public interest.

                 Assigning Your Permit to Another Party



Sec. 4300.59  If I want to assign my permit to another party,
when must I notify BLM?

    You must file a proposed assignment of your permit, in whole or in 
part, in duplicate with BLM within 90 days of the assignment execution 
date. No particular format is required. The assignment is effective when 
BLM approves it.



Sec. 4300.60  What must be included in my assignment document?

    Assignments must contain:
    (a) All terms and conditions agreed to by the parties;

[[Page 1087]]

    (b) A showing under Secs. 4300.11 and 4300.12 that the assignee is 
qualified to hold a permit;
    (c) A showing under Sec. 4300.21(a) regarding a reindeer allotment; 
and
    (d) The assignee's statement agreeing to be bound by the provisions 
of the permit.



Sec. 4300.61  Can I sublease any part of the land in my permit?

    No.

                         Closing Out Your Permit



Sec. 4300.70  May I relinquish my permit?

    Yes. You may relinquish the permit by filing advance written notice 
with BLM. Your relinquishment will be effective on the date you 
indicate, as long as it is at least 30 days after the date you file.



Sec. 4300.71  Under what circumstances can BLM modify, reduce or
cancel my permit?

    (a) BLM may cancel the permit if:
    (1) BLM issued it improperly through error as to a material fact;
    (2) You fail to comply with any of the provisions of the permit or 
the regulations of this part; or
    (3) Disposal, withdrawal, natural causes, such as drought or fire, 
or any other reason in Sec. 4300.50 so requires.
    (b) BLM will not cancel the permit for failure to comply until BLM 
has notified you in writing of the nature of your noncompliance, and you 
have been given at least 30 days to show why BLM should not cancel your 
permit.
    (c) BLM may modify or reduce a permit in accordance with 
Sec. 4300.50.



Sec. 4300.72  May I remove my personal property or improvements when 
the permit expires or terminates?

    (a) Yes. Within 90 days of the expiration or termination of the 
grazing permit, or within any extension period, you may remove all your 
personal property and any removable range improvements you own, such as 
fences, corrals, and buildings.
    (b) Property that is not removed within the time allowed will become 
property of the United States.

                        Reindeer Crossing Permits



Sec. 4300.80  How can I get a permit to cross reindeer over public
lands?

    (a) BLM may issue a crossing permit free of charge when you file an 
application with BLM at least 30 days before the crossing is to begin. 
Lands crossed may include lands under a grazing permit.
    (b) The application does not have to be on a BLM-approved form nor 
in a particular format, but it must show:
    (1) The number of reindeer to be driven;
    (2) The start date;
    (3) The approximate period of time required for the crossing; and
    (4) The land to be crossed.
    (c) You must comply with applicable State and Federal laws on 
livestock quarantine and sanitation when crossing reindeer on public 
land.

                                Trespass



Sec. 4300.90  What is a trespass?

    (a) A trespass is any use of Federal land for reindeer grazing 
purposes without a valid permit issued under the regulations of this 
part; a trespass is unlawful and is prohibited.
    (b) Any person who willfully violates the regulations in this part 
will be deemed guilty of a misdemeanor, and upon conviction is 
punishable by imprisonment for not more than one year, or by a fine of 
not more than $500.



Group 4600_Leases--Table of Contents





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.

[[Page 1088]]

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, unless otherwise noted. 
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 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.

[[Page 1089]]



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--
Table of Contents



    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 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]

[[Page 1090]]



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.



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

[[Page 1091]]

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.
    (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.

[[Page 1092]]

    (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.



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.

[[Page 1093]]



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 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.

[[Page 1094]]



                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 
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

[[Page 1095]]

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 applicants, the facilities for maintaining the adopted animals 
shall be inspected by the authorized officer prior to approving the 
application.
    (b) The Bureau of Land Management will not allow the use of a power 
of attorney or any other instrument or writing authorizing one person to 
act as an agent for another in the adoption of wild horses and burros.

[51 FR 7414, Mar. 3, 1986, as amended at 55 FR 39152, Sept. 25, 1990; 63 
FR 18340, Apr. 15, 1998]

[[Page 1096]]



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.
    (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.

[[Page 1097]]



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, 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;

[[Page 1098]]

    (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 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 1099]]



                  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.
5003.2  Notice of forest management decisions.
5003.3  Protests.

    Source: 49 FR 28561, July 13, 1984, unless otherwise noted.



                  Subpart 5003_Administrative Remedies



Sec. 5003.1  Effect of decisions; general.

    (a) Filing a notice of appeal under part 4 of this title does not 
automatically suspend the effect of a decision governing or relating to 
forest management as described under sections 5003.2 and 5003.3.
    (b) Notwithstanding the provisions of 43 CFR 4.21(a)(1), when BLM 
determines that vegetation, soil, or other resources on the public lands 
are at substantial risk of wildfire due to drought, fuels buildup, or 
other reasons, or at immediate risk of erosion or other damage due to 
wildfire, BLM may make a wildfire management decision made under this 
part and parts 5400 through 5510 of this chapter effective immediately 
or on a date established in the decision. Wildfire management includes 
but is not limited to:
    (1) Fuel reduction or fuel treatment such as prescribed burns and 
mechanical, chemical, and biological thinning methods (with or without 
removal of thinned materials); and
    (2) Projects to stabilize and rehabilitate lands affected by 
wildfire.
    (c) The Interior Board of Land Appeals will issue a decision on the 
merits of an appeal of a wildfire management decision under paragraph 
(b) of this section within the time limits prescribed in 43 CFR 4.416.

[68 FR 33804, June 5, 2003]



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

[[Page 1100]]

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 FOREST UNITS--Table of Contents



Sec.
5040.1  Under what authority does BLM establish sustained-yield forest 
          units?
5040.2  What will BLM do before it establishes sustained-yield forest 
          units?
5040.3  How does BLM establish sustained-yield forest units?
5040.4  What is the effect of designating sustained-yield forest units?
5040.5  How does BLM determine and declare the annual productive 
          capacity?

    Authority: 43 U.S.C. 1181e; 43 U.S.C. 1740.

    Source: 63 FR 13132, Mar. 18, 1998, unless otherwise noted.



Sec. 5040.1  Under what authority does BLM establish sustained-yield 
forest units?

    BLM is authorized, under the O. and C. Lands Act (43 U.S.C. 1181a et 
seq.) and the Federal Land Policy and Management Act, to divide the 
lands it manages in western Oregon into sustained-yield forest units. 
These lands are hereafter referred to as ``the O. and C. lands.'' BLM 
establishes units that contain enough forest land to provide, insofar as 
practicable, a permanent source of raw materials to support local 
communities and industries, giving due consideration to established 
forest products operations.



Sec. 5040.2  What will BLM do before it establishes sustained-yield 
forest units?

    Before BLM designates sustained-yield forest units, it will:
    (a) Hold a public hearing in the area where it proposes to designate 
the units. BLM will provide notice, approved by the BLM Director, to the 
public of any hearing concerning sustained-yield forest units. This 
notice must be published once a week for four consecutive weeks in a 
newspaper of general circulation in the county or counties in which the 
forest units are situated. BLM may also publish the notice in a trade 
publication; and
    (b) Forward the minutes or meeting records to the BLM Director, 
along with an appropriate recommendation concerning the establishment of 
the units.



Sec. 5040.3  How does BLM establish sustained-yield forest units?

    After a public hearing, BLM will publish a notice in a newspaper of 
general circulation in the county or counties affected by the proposed 
units, stating whether or not the BLM Director has decided to establish 
the units. If the BLM Director determines that the units should be 
established, BLM will include in its notice information on the 
geographical description of the sustained-yield forest units, how the 
public may review the BLM document that will establish the units, and 
the date the units will become effective. BLM will publish the notice 
before the units are established.



Sec. 5040.4  What is the effect of designating sustained-yield units?

    Designating new sustained-yield forest units abolishes previous O. 
and C. master unit or sustained-yield forest unit designations. Until 
new sustained-yield forest units are designated for the first time in 
accordance with 43 CFR part 5040, the current master unit designations 
will continue to be in effect.



Sec. 5040.5  How does BLM determine and declare the annual productive 
capacity?

    (a) If BLM has not established sustained-yield forest units under 
part 5040, then BLM will determine and declare the annual productive 
capacity by applying the sustained-yield principle to the O. and C. 
lands, treating them as a single unit.
    (b) If BLM has established sustained-yield forest units under part 
5040, then BLM will determine and declare the annual productive capacity 
by applying the sustained-yield principle to each separate forest unit.
    (c) If it occurs that BLM has established sustained-yield forest 
units for less than all of the O. and C. lands, then BLM will determine 
and declare the annual productive capacity as follows:

[[Page 1101]]

    (1) BLM will treat sustained-yield forest units as in paragraph (b) 
of this section; and
    (2) BLM will treat any O. and C. lands not located within sustained-
yield forest units as a single unit.



Group 5400_Sales of Forest Products--Table of Contents





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 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

[[Page 1102]]

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.
    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.

[[Page 1103]]

    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:
    (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

[[Page 1104]]

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 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

[[Page 1105]]

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 to determine the tree cruise volume within a 
reasonable degree of accuracy.
    (b) (1) BLM may order third party scaling after determining that all 
of the following factors exist:
    (i) A timber disaster has occurred;
    (ii) A critical resource loss is imminent; and
    (iii) Measurement practices listed in Sec. 5422.1 and paragraph (a) 
of this section are inadequate to permit orderly disposal of the damaged 
timber.
    (2) BLM may also order third party scaling, only by scalers or 
scaling bureaus under contract to BLM, for the scaling of density 
management timber sales when the quadratic mean diameter of the trees to 
be cut and removed is equal to or less than 20 inches.
    (3) Third party scaling volumes must be capable of being equated to 
BLM standards in use for timber depletion computations, to insure 
conformance with sustained yield principles.

[35 FR 9785, June 13, 1970, as amended at 71 FR 30294, May 26, 2006]



                  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.

[[Page 1106]]

    (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

Sec.
5430.0-6  Policy.
5430.1  Requirements.

    Source: 35 FR 9785, June 13, 1970, unless otherwise noted.



                   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.



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

[[Page 1107]]

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 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

[[Page 1108]]

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 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

[[Page 1109]]

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 
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

[[Page 1110]]

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 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.

[[Page 1111]]

    (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]



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.

[[Page 1112]]



                     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, 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

[[Page 1113]]

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 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.

[[Page 1114]]

    (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 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]

[[Page 1115]]



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 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;

[[Page 1116]]

    (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 the obligations under the contract, and the assignor 
shall be released from any further liability under the contract.



Group 5500_Nonsale Disposals--Table of Contents





PART 5500_NONSALE DISPOSALS; GENERAL--Table of Contents



                 Subpart 5500_Nonsale Disposals; General

Sec.
5500.0-3  Authority.
5500.0-5  Definitions.

    Source: 35 FR 9789, June 13, 1970, unless otherwise noted.



                 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

[[Page 1117]]

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.



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.



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  [Reserved]
5511.1-3  Use of timber on lands covered by grazing leases, by lessees, 
          and others.
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.
5511.3  Act of 1947.
5511.3-1  Free use of timber under other statutes.
5511.3-2  Permits.

[[Page 1118]]

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 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

[[Page 1119]]

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 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,

[[Page 1120]]

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  [Reserved]



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)



Sec. 5511.2  Act of 1898 (Alaska).



Sec. 5511.2-1  Free use privilege; cutting by agent.

    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; 
62 FR 51377, Oct. 1, 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

[[Page 1121]]

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.



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. 5511.3  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.

[[Page 1122]]

    (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 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.

[[Page 1123]]

    (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 entry, including 
altering of any free use permit or using a reproduction of any official 
load tags.
    (2) [Reserved]
    (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, as amended at 62 FR 51377, Oct. 1, 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 1124]]



            SUBCHAPTER F_PRESERVATION AND CONSERVATION (6000)





PART 6300_MANAGEMENT OF DESIGNATED WILDERNESS AREAS--Table of Contents



                        Subpart 6301_Introduction

Sec.
6301.1  Purpose.
6301.3  What is a BLM wilderness area?
6301.5  Definitions.

  Subpart 6302_Use of Wilderness Areas, Prohibited Acts, and Penalties

                         Use of Wilderness Areas

6302.10  Use of wilderness areas.
6302.11  How may I use wilderness areas?
6302.12  When do I need an authorization and to pay a fee to use a 
          wilderness area?
6302.13  Where do I obtain an authorization to use a wilderness area?
6302.14  What authorization do I need to climb in BLM wilderness?
6302.15  When and how may I collect or disturb natural resources such as 
          rocks and plants in wilderness areas?
6302.16  When and how may I gather scientific information about 
          resources in BLM wilderness?
6302.17  When may I use a wheelchair in BLM wilderness?
6302.18  How may American Indians use wilderness areas for traditional 
          religious purposes?
6302.19  When may BLM close or restrict use of wilderness areas?

                             Prohibited Acts

6302.20  What is prohibited in wilderness?

                                Penalties

6302.30  What penalties apply if I commit one or more of the prohibited 
          acts?

           Subpart 6303_Administrative and Emergency Functions

6303.1  How does BLM carry out administrative and emergency functions?

 Subpart 6304_Uses Addressed in Special Provisions of the Wilderness Act

                  Mining Under the General Mining Laws

6304.10  Mining law administration.
6304.11  What special provisions apply to operations under the mining 
          laws?
6304.12  How will BLM determine the validity of unpatented mining claims 
          or sites?

         Other Uses Specifically Addressed by the Wilderness Act

6304.20  Other uses addressed in special provisions of the Wilderness 
          Act.
6304.21  What special provisions cover aircraft and motorboat use?
6304.22  What special provisions apply to control of fire, insects, and 
          diseases?
6304.23  What special provisions apply to mineral leasing and material 
          sales?
6304.24  What special provisions apply to water and power resources?
6304.25  What special provisions apply to livestock grazing?

  Subpart 6305_Access to State and Private Lands Or Valid Occupancies 
                         Within Wilderness Areas

                    Access to Non-Federal Inholdings

6305.10  How will BLM allow access to State and private land within 
          wilderness areas?
6305.11  What alternatives to granting access will BLM consider in cases 
          of State and private inholdings?

                    Access to Other Valid Occupancies

6305.20  How will BLM allow access to valid mining claims or other valid 
          occupancies within wilderness areas?

                 Access Procedures for Valid Occupancies

6305.30  What are the steps BLM must take in issuing an access 
          authorization to valid occupancies?

    Authority: 16 U.S.C. 1131 et seq.; 43 U.S.C. 1733, 1740, 1782.

    Source: 65 FR 78372, Dec. 14, 2000, unless otherwise noted.



                        Subpart 6301_Introduction



Sec. 6301.1  Purpose.

    This part governs the management of BLM wilderness areas outside of 
Alaska. It tells you what wilderness areas are, how BLM manages them, 
and how you can use them. These regulations also tell you what 
activities BLM does not allow in wilderness areas, the penalties for 
performing prohibited acts, and the special provisions for some uses and 
access that the Wilderness Act explicitly allows.

[[Page 1125]]



Sec. 6301.3  What is a BLM wilderness area?

    A BLM wilderness area is an area of public lands that Congress has 
designated for BLM to manage as a component of the National Wilderness 
Preservation System in accordance with the Wilderness Act of 1964. The 
Wilderness Act provides a detailed definition of wilderness that applies 
to BLM wilderness areas. See 16 U.S.C. 1131(c) and 43 U.S.C. 1702(i).



Sec. 6301.5  Definitions.

    Terms used in this part have the following meanings:
    Access means the physical ability of property owners and their 
successors in interest to have ingress to and egress from State or 
private inholdings, valid mining claims, or other valid occupancies. It 
does not include rights-of-way or permits under section 501 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) (FLPMA) 
or parts 2800 and 2880 of this chapter.
    Inholding means State-owned or privately owned land that is 
completely surrounded by Congressionally designated wilderness.
    Mechanical transport means any vehicle, device, or contrivance for 
moving people or material in or over land, water, snow, or air that has 
moving parts. This includes, but is not limited to, sailboats, 
sailboards, hang gliders, parachutes, bicycles, game carriers, carts, 
and wagons. The term does not include wheelchairs, nor does it include 
horses or other pack stock, skis, snowshoes, non-motorized river craft 
including, but not limited to, drift boats, rafts, and canoes, or sleds, 
travois, or similar devices without moving parts.
    Mining operations is defined in subpart 3715 of this chapter.
    Motor vehicle means any vehicle that is self-propelled.
    Motorized equipment means any machine that uses or is activated by a 
motor, engine, or other power source. This includes, but is not limited 
to, chainsaws, power drills, aircraft, generators, motorboats, motor 
vehicles, snowmobiles, tracked snow vehicles, snow blowers or other snow 
removal equipment, and all other snow machines. The term does not 
include shavers, wrist watches, clocks, flashlights, cameras, camping 
stoves, cellular telephones, radio transceivers, radio transponders, 
radio signal transmitters, ground position satellite receivers, or other 
similar small hand held or portable equipment.
    Primitive and unconfined recreation means non-motorized types of 
outdoor recreation activities that do not require developed facilities 
or mechanical transport.
    Public lands means any lands and interests in lands owned by the 
United States and administered by the Secretary of the Interior through 
BLM without regard to how the United States acquired ownership.
    Valid occupancy means an occupancy under a current permit, lease, or 
other written authorization from BLM to occupy public lands. For a 
definition of occupancy related to development of locatable minerals, 
see subpart 3715 of this chapter.
    Wheelchair means a device that is designed solely for use by a 
mobility-impaired person for locomotion, and that is suitable for use in 
an indoor pedestrian area.



  Subpart 6302_Use of Wilderness Areas, Prohibited Acts, and Penalties

                         Use of Wilderness Areas



Sec. 6302.10  Use of wilderness areas.



Sec. 6302.11  How may I use wilderness areas?

    Unless otherwise provided by BLM, the Wilderness Act, or the Act of 
Congress designating the area as wilderness, all wilderness areas will 
be open to uses consistent with the preservation of their wilderness 
character and their future use and enjoyment as wilderness. In subpart 
6304 you will find provisions implementing the special provisions of the 
Wilderness Act that allow specific uses of wilderness areas. In 
Sec. 6302.20 you will find a list of acts that are explicitly prohibited 
within wilderness areas.

[[Page 1126]]



Sec. 6302.12  When do I need an authorization and to pay a fee to
use a wilderness area?

    (a) In general, you do not need an authorization to use wilderness 
areas.
    (b) BLM may require an authorization and charge fees for some uses 
of wilderness areas. You must obtain authorization from BLM and pay fees 
to use a wilderness area when required by:
    (1) The regulations in this part (see Sec. 6302.15 on collecting 
natural resource materials, Sec. 6302.16 on gathering scientific 
information, and subpart 6305 on access to inholdings and valid 
occupancies);
    (2) Regulations in this chapter II--Bureau of Land Management, 
Department of the Interior--governing the specific activities in which 
you are engaged;
    (3) The management plan for the wilderness area; or
    (4) A BLM closure or restriction under Sec. 6302.19 of this part.
    (c) To determine whether you need an authorization under paragraph 
(b)(2) of this section, you should refer to the applicable BLM 
regulations for your particular activity.



Sec. 6302.13  Where do I obtain an authorization to use a wilderness
area?

    You may request an authorization to use a wilderness area from the 
BLM field office with jurisdiction over the wilderness area you want to 
use.



Sec. 6302.14  What authorization do I need to climb in BLM wilderness?

    (a) You do not need a permit or other authorization to climb in BLM 
wilderness.
    (b) [Reserved]
    (c) You must not use power drills for climbing. See Sec. 6302.20(d).



Sec. 6302.15  When and how may I collect or disturb natural resources
such as rocks and plants in wilderness areas?

    (a) You may remove or disturb natural resources for non-commercial 
purposes in wilderness areas, including prospecting, provided--
    (1) You do it in a manner that preserves the wilderness environment, 
using no more than non-motorized hand tools and causing minimal surface 
disturbance; and
    (2)(i) Your proposed activity conforms to the applicable management 
plan; or
    (ii) You have a BLM authorization if one is required by statute or 
regulation.
    (b) Where BLM allows campfires in a wilderness, you may gather a 
reasonable amount of wood for use in your campfire.



Sec. 6302.16  When and how may I gather scientific information about
resources in BLM wilderness?

    (a) You may conduct research, including gathering information and 
collecting natural or cultural resources in wilderness areas, using 
methods that may cause greater impacts on the wilderness environment 
than allowed under Sec. 6302.15(a), if--
    (1) Similar research opportunities are not reasonably available 
outside wilderness;
    (2) You carry out your proposed activity in a manner compatible with 
the preservation of the wilderness environment and conforming to the 
applicable management plan;
    (3) Any ground disturbance or removal of material is the minimum 
necessary for the scientific purposes of the research; and
    (4) You have an authorization from BLM.
    (b) You must reclaim disturbed areas, and BLM may require you to 
post a bond.



Sec. 6302.17  When may I use a wheelchair in BLM wilderness?

    If you have a disability that requires the use of a wheelchair, you 
may use a wheelchair in a wilderness. Consistent with the Wilderness Act 
and the Americans with Disabilities Act of 1990 (42 U.S.C. 12207), BLM 
is not required to facilitate such use by building any facilities or 
modifying any conditions of lands within a wilderness area.



Sec. 6302.18  How may American Indians use wilderness areas for
traditional religious purposes?

    In accordance with the American Indian Religious Freedom Act (42 
U.S.C. 1996), American Indians may use wilderness areas for traditional 
religious

[[Page 1127]]

purposes, subject to the provisions of the Wilderness Act, the 
prohibitions in Sec. 6302.20, and other applicable law.



Sec. 6302.19  When may BLM close or restrict use of wilderness 
areas?

    When necessary to carry out the provisions of the Wilderness Act and 
other Federal laws, BLM may close or restrict the use of lands or waters 
within the boundaries of a BLM wilderness area, using the procedures in 
Sec. 8364.1 of this chapter. BLM will limit any such closure to affect 
the smallest area necessary for the shortest time necessary.

                             Prohibited Acts



Sec. 6302.20  What is prohibited in wilderness?

    Except as specifically provided in the Wilderness Act, the 
individual statutes designating the particular BLM wilderness area, or 
the regulations of this part, and subject to valid existing rights, in 
BLM wilderness areas you must not:
    (a) Operate a commercial enterprise;
    (b) Build temporary or permanent roads;
    (c) Build aircraft landing strips, heliports, or helispots;
    (d) Use motorized equipment; or motor vehicles, motorboats, or other 
forms of mechanical transport;
    (e) Land aircraft, or drop or pick up any material, supplies or 
person by means of aircraft, including a helicopter, hang-glider, hot 
air balloon, parasail, or parachute;
    (f) Build, install, or erect structures or installations, including 
transmission lines, motels, vacation homes, sheds, stores, resorts, 
organization camps, hunting and fishing lodges, electronic 
installations, and similar structures, other than tents, tarpaulins, 
temporary corrals, and similar devices for overnight camping;
    (g) Cut trees;
    (h) Enter or use wilderness areas without authorization, where BLM 
requires authorization under Sec. 6302.12;
    (i) Engage or participate in competitive use as defined in section 
2932.5 of this chapter, including those activities involving physical 
endurance of a person or animal, foot races, water craft races, survival 
exercises, war games, or other similar exercises;
    (j) [Reserved]; or
    (k) Violate any BLM regulation, authorization, or order.

[65 FR 78372, Dec. 14, 2000, as amended at 67 FR 61745, Oct. 1, 2002]

                                Penalties



Sec. 6302.30  What penalties apply if I commit one or more of the 
prohibited acts?

    (a) If you commit a prohibited act listed in Sec. 6302.20 in a BLM 
wilderness area, you are subject to criminal prosecution on each 
offense. If convicted, you may be fined not more than $100,000 under 18 
U.S.C. 3571. In addition, you may be imprisoned for not more than 12 
months, as provided for by 43 U.S.C. 1733(a).
    (b) At the request of the Secretary of the Interior, the United 
States Attorney General may institute a civil action in any United 
States district court for an injunction or other appropriate order to 
prevent you from using public lands in violation of the regulations of 
this part.



           Subpart 6303_Administrative and Emergency Functions



Sec. 6303.1  How does BLM carry out administrative and emergency functions?

    As necessary to meet minimum requirements for the administration of 
the wilderness area, BLM may:
    (a) Use, build, or install temporary roads, motor vehicles, 
motorized equipment, mechanical transport, structures or installations, 
and land aircraft, in designated wilderness;
    (b) Prescribe conditions under which other Federal, State, or local 
agencies or their agents may use, build, or install such items to meet 
the minimum requirements for protection and administration of the 
wilderness area, its resources and users;
    (c) Authorize officers, employees, agencies, or agents of the 
Federal, State, and local governments to occupy and use wilderness areas 
to carry out the purposes of the Wilderness Act or other Federal 
statutes; and
    (d) Prescribe measures that may be used in emergencies involving the 
health and safety of persons in the

[[Page 1128]]

area, including, but not limited to, the conditions for use of motorized 
equipment, mechanical transport, aircraft, installations, structures, 
rock drills, and fixed anchors. BLM will require any restoration 
activities that we find necessary to be undertaken concurrently with the 
emergency activities or as soon as practicable when the emergency ends.



 Subpart 6304_Uses Addressed in Special Provisions of the Wilderness Act

                  Mining Under the General Mining Laws



Sec. 6304.10  Mining law administration.



Sec. 6304.11  What special provisions apply to operations under
the mining laws?

    The general mining laws apply to valid existing mining claims and 
mill sites within BLM wilderness, except as provided in this section.
    (a) After the date on which the general mining laws cease to apply 
to a specific wilderness area--
    (1) You cannot locate a mining claim or establish any right to or 
interest in any mineral deposits discovered in that wilderness area; and
    (2) You cannot locate a mill site in that wilderness area.
    (b) If you hold a valid existing mining claim or mill site within a 
wilderness area--
    (1) You must conduct any mining operations following the applicable 
standards provided in--
    (i) The Wilderness Act;
    (ii) The legislation designating the wilderness;
    (iii) Your approved plan of operations;
    (iv) Subpart 3809 of this chapter; and
    (v) Subpart 3715 of this chapter;
    (2) You must minimize impairment of wilderness characteristics to 
the extent BLM determines practicable, consistent with the use of a 
valid claim or site for mineral activities; and
    (3) Your temporary structures used in mining operations are subject 
to the use and occupancy regulations in subpart 3715 of this chapter.
    (4) You must post a financial guarantee under subpart 3809 of this 
chapter in order to ensure completion of reclamation.
    (c) If you hold a valid mining claim, mill site, or tunnel site 
located in any BLM wilderness area before the general mining laws ceased 
to apply to that area, you may maintain your mining claim or site, so 
long as you comply with the general mining laws, the regulations in part 
3830 of this chapter, and the Act of Congress designating the 
wilderness.
    (d) As required in your approved plan of operations, when you 
complete mining operations in a wilderness area--
    (1) You must remove all structures, equipment, and other facilities 
and begin reclamation as soon as feasible after mining operations end. 
However, you must start reclamation no later than 18 months after mining 
operations end.
    (2) You must restore the surface as near as practicable to the 
appearance and contour of the surface before mining operations began, 
following the regulations in subpart 3809 of this chapter.
    (e)-(f) [Reserved]



Sec. 6304.12  How will BLM determine the validity of unpatented mining 
claims or sites?

    (a) BLM will conduct a mineral examination to determine whether your 
claim or site was valid as of the date that lands within the wilderness 
area were withdrawn from appropriation under the mining laws. We also 
will determine whether your claim or site remains valid at the time of 
the examination.
    (1) If you do not have an approved plan of operations, BLM must 
complete this validity determination before approving your plan of 
operations.
    (2) If you have a plan of operations that was approved before the 
wilderness designation, BLM will determine whether operations may begin 
or continue while we conduct the validity determination.
    (b) If BLM concludes that your mining claim lacks a discovery of a 
valuable mineral deposit or your claim or site is invalid for any other 
reason, we will disapprove your application for a

[[Page 1129]]

plan of operations. For an existing approved operation, BLM may issue a 
notice ordering suspension or cessation of operations. We will begin 
contest proceedings to determine the validity of your mining claim or 
site under subpart E of part 4 of this title. However, you may take 
samples and gather other evidence to confirm or corroborate mineral 
exposures that were physically disclosed on the claim before the date 
the wilderness area was withdrawn.
    (c) If the Department of the Interior issues a final administrative 
decision declaring your claim or site null and void, you must cease all 
operations and complete all reclamation required under subpart 3809 of 
this chapter and Sec. 6304.11(d) of this part.

         Other Uses Specifically Addressed by the Wilderness Act



Sec. 6304.20  Other uses addressed in special provisions of the
Wilderness Act.



Sec. 6304.21  What special provisions cover aircraft and motorboat use?

    (a) Subject to such restrictions as BLM determines necessary to 
protect wilderness values, we may authorize you to land aircraft and use 
motorboats at places within any wilderness area if these uses were 
established and active at the time Congress designated the area as 
wilderness.
    (b) BLM may also authorize you to maintain, utilizing non-motorized 
means, aircraft landing strips, heliports or helispots that existed and 
were in active use when Congress designated the area as wilderness.



Sec. 6304.22  What special provisions apply to control of fire, 
insects, and diseases?

    BLM may prescribe measures to control fire, noxious weeds, non-
native invasive plants, insects, and diseases. BLM may require 
restoration concurrent with or as soon as practicable upon completion of 
such measures.



Sec. 6304.23  What special provisions apply to mineral leasing
and material sales?

    (a) After Congress designates any area of public lands as 
wilderness, BLM will not issue mineral or geothermal leases, licenses, 
or permits under the mineral or geothermal leasing laws, or sales 
contracts or free use permits under the Materials Act (30 U.S.C. 601 et 
seq.)
    (b) You may continue to hold and operate mineral or geothermal 
leases, licenses, contracts, or permits under their original terms and 
conditions after Congress designates the affected BLM lands as 
wilderness.



Sec. 6304.24  What special provisions apply to water and power
resources?

    If the President specifically authorizes you under 16 U.S.C. 
1133(d)(4)(1), BLM will permit you to prospect for water resources and 
establish new reservoirs, water-conservation works, power projects, 
transmission lines, and other facilities needed in the public interest, 
and to maintain such facilities.



Sec. 6304.25  What special provisions apply to livestock grazing?

    (a) If you hold a BLM grazing permit or grazing lease for land 
within a wilderness area, you may continue to graze your livestock 
provided that you or your predecessors began such use under a permit or 
lease before Congress established the wilderness area.
    (b) Your grazing activities within wilderness areas, including the 
construction, use, and maintenance of livestock management improvements, 
must comply with the livestock grazing regulations in part 4100 of this 
chapter.
    (c) If the management plan for the area allows, you may maintain or 
reconstruct grazing support facilities that existed before designation 
of the wilderness area. BLM will not authorize new support facilities 
for the purpose of increasing your number of livestock. The construction 
of new livestock management facilities must be for the purposes of 
protection and improved management of wilderness resources.
    (d) BLM may authorize an increase in livestock numbers only if you 
demonstrate that the additional use will not have an adverse impact on 
wilderness values.

[[Page 1130]]



  Subpart 6305_Access to State and Private Lands Or Valid Occupancies 
                         Within Wilderness Areas

                    Access to Non-Federal Inholdings



Sec. 6305.10  How will BLM allow access to State and private land
within wilderness areas?

    (a) If you own land completely surrounded by wilderness, BLM will 
only approve that combination of routes and modes of travel to your land 
that--
    (1) BLM finds existed on the date Congress designated the area 
surrounding the inholding as wilderness, and
    (2) BLM determines will serve the reasonable purposes for which the 
non-Federal lands are held or used and cause the least impact on 
wilderness character.
    (b) If you own land completely surrounded by wilderness, and no 
routes or modes of travel to your land existed on the date Congress 
designated the area surrounding the inholding as wilderness, BLM will 
only approve that combination of routes and non-motorized modes of 
travel to non-Federal inholdings that BLM determines will serve the 
reasonable purposes for which the non-Federal lands are held or used and 
cause the least impact on wilderness character.
    (c) If BLM approves your access route under paragraph (a) or (b) of 
this section, we will authorize it under part 2920 of this chapter.
    (d) BLM will not allow construction of new access routes to State 
and private inholdings in wilderness.
    (e) BLM will not allow improvement of access routes to a condition 
more highly developed than that which existed on the date Congress 
designated the area as wilderness, except such improvements BLM 
determines are necessary to protect wilderness resources from 
degradation.
    (f) If you own land completely surrounded by wilderness and you have 
a valid existing right of access which is greater than the access 
described in paragraph (a) or (b) of this section, BLM may manage such 
access to protect wilderness resources while ensuring your reasonable 
use and enjoyment of the inholding.



Sec. 6305.11  What alternatives to granting access will BLM consider
in cases of State and private inholdings?

    To reduce or eliminate the need to use wilderness areas for access 
to State and private land, BLM may--
    (a) Accept donation of the inholding, or
    (b) Acquire the inholding from the owner by an exchange for 
federally owned land in the same State of approximately equal value or, 
if the owner concurs, by purchase.

                    Access to Other Valid Occupancies



Sec. 6305.20  How will BLM allow access to valid mining claims or 
other valid occupancies within wilderness areas?

    If you hold a valid mining claim or other valid occupancy wholly 
within a wilderness area, BLM will allow you access by means that are 
consistent with the preservation of the area as wilderness and that have 
been or are being customarily enjoyed with respect to other mining 
claims or similar occupancies surrounded by wilderness.
    (a) BLM approves plans of operation under subpart 3809 of this 
chapter. The plan of operation will prescribe the routes of travel that 
you may use for access to claims or sites surrounded by wilderness. 
These plans will also identify the mode of travel, and other conditions 
reasonably necessary to preserve the wilderness area.
    (b) BLM issues written authorizations under part 2920 of this 
chapter. Your authorization will prescribe the routes of travel that you 
may use for access to occupancies surrounded by wilderness. The 
authorizations will also identify the mode of travel and other 
conditions reasonably necessary to minimize adverse impacts on the 
natural resource values of the wilderness area.

[[Page 1131]]

                 Access Procedures for Valid Occupancies



Sec. 6305.30  What are the steps BLM must take in issuing an access
authorization to valid occupancies?

    (a) Before issuing an access authorization to mining claims or other 
valid occupancies wholly surrounded by wilderness, BLM will make certain 
that:
    (1) You have demonstrated a lack of any existing access rights or 
alternate routes of access available by deed or under applicable State 
or common law and that access by non-federally owned routes is not 
reasonably obtainable;
    (2) Your combination of routes and modes of travel, including non-
motorized modes, will cause the least impact on the wilderness but, at 
the same time, will permit the reasonable use of the non-Federal land, 
valid mining claim, or other valid occupancy; and
    (3) The location, construction, maintenance, and use of the access 
route that BLM approves will be as consistent as possible with the 
management of the wilderness area.
    (b) After issuing an access authorization, BLM will make certain 
that you situate and build the route that BLM approves to minimize 
adverse impacts on the natural resource values of the wilderness area.



                     SUBCHAPTER G (7000) [RESERVED]



[[Page 1132]]



                    SUBCHAPTER H_RECREATION PROGRAMS





Group 8100_Cultural Resource Management [Reserved]--Table of Contents





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.
    (b) [Reserved]



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 1133]]



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. 8224.0-3  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 subpart 3602.
    (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.

[[Page 1134]]

    (i) Operations on oil and gas leases issued before October 30, 1984, 
are subject 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.

[50 FR 42123, Oct. 17, 1985; 67 FR 68778, Nov. 13, 2002]



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:

[[Page 1135]]

    (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 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;

[[Page 1136]]

    (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 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 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

[[Page 1137]]

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 permit procedures under 
part 2930 of this chapter.

[44 FR 34836, June 15, 1979, as amended at 67 FR 61745, Oct. 1, 2002]

[[Page 1138]]



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.
    (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

[[Page 1139]]

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., and 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 U.S.C. 877 et seq.), and the National Trails 
System Act (16 U.S.C. 1241 et seq.).

[75 FR 27454, May 17, 2010]

[[Page 1140]]



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 recreation 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; 
75 FR 27455, May 17, 2010]



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.



                      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  Objective.

    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

[[Page 1141]]

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.
    (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;

[[Page 1142]]

    (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 rock and mineral specimens, 
common invertebrate and common plant fossils, and semiprecious 
gemstones;
    (3) Petrified wood as provided under subpart 3622 of this title;
    (4) Mineral materials as provided under subpart 3604; 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 3600 or 5400 of this chapter.

[48 FR 36384, Aug. 10, 1983; 67 FR 68778, Nov. 13, 2002; 75 FR 27455, 
May 17, 2010]



Sec. 8365.1-6  Supplementary rules.

    The State Director may establish such supplementary rules as he/she 
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

[[Page 1143]]

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) 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;
    (b) 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));
    (c) Build any fire except in a stove, grill, fireplace or ring 
provided for such purpose;
    (d) Enter or remain in campgrounds closed during established night 
periods except as an occupant or while visiting persons occupying the 
campgrounds for camping purposes;
    (e) Occupy a site with more people than permitted within the 
developed campsite; or.
    (f) Move any table, stove, barrier, litter receptacle or other 
campground equipment.

[75 FR 27455, May 17, 2010]



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

[[Page 1144]]

    (b) Bring an animal, except a Seeing Eye or Hearing Ear dog, to a 
swimming area.



Group 8600_Environmental Education and Protection [Reserved]
--Table of Contents



[[Page 1145]]



                 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 1146]]

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 1147]]

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 1148]]

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 1149]]

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 1150]]

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--Table of Contents





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 1151]]

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 1152]]

    (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 and 43 U.S.C. 1740.

    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 1153]]



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 1154]]

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 1155]]



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 1156]]

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 1157]]

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 
chapter does not authorize the applicant to use or occupy the public 
lands for right-of-way purposes, except as provided by the definition of 
``Casual use'' in Sec. 2801.5(b) and by Secs. 2804.29 and 2884.25 of 
this chapter, 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 subpart 2808 and Secs. 2812.1-3 and 2888.10 
of this chapter. 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, as amended at 70 FR 21090, Apr. 22, 2005]



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

9263.1  Operations conducted under the 1872 Mining Law.

                      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 1158]]

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. 4601-6a, 16 U.S.C. 670h, 16 U.S.C. 1246(i), 16 
U.S.C. 1336, 43 U.S.C. 315a, 43 U.S.C. 1733(a), 43 U.S.C. 1740, and 
Executive Order 11644, 37 FR 2877, 3 CFR, 1971-1975 Comp., p. 666.

    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. 2808.10(a), 2812.1-3, 2888.10, or 
2920.1-2(a) of this chapter, 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.

[70 FR 21090, Apr. 22, 2005]

[[Page 1159]]



                    Subpart 9263_Minerals Management



Sec. 9263.1  Operations conducted under the 1872 Mining Law.

    See subpart 3809 of this title for law enforcement provisions 
applicable to operations conducted on public lands under the 1872 Mining 
Law.

[65 FR 70132, Nov. 21, 2000]



                      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

[[Page 1160]]

    (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
    (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

[[Page 1161]]

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.
    (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]

[[Page 1162]]



                    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).



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.

[[Page 1163]]

    (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, 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;

[[Page 1164]]

    (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;
    (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 part 2930 of this chapter 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)

[[Page 1165]]

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 6 months, 
or by both such fine and imprisonment.

[45 FR 31276, May 12, 1980, as amended at 46 FR 46810, Sept. 22, 1981; 
67 FR 61745, Oct. 1, 2002]



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,

[[Page 1166]]

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 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.

                       PARTS 9261	9999 [RESERVED]

[[Page 1167]]



  CHAPTER III--UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION




  --------------------------------------------------------------------
Part                                                                Page
10000           Organization and functions..................        1169
10005           Policies and procedures for developing and 
                    implementing the Commission's mitigation 
                    and conservation plan...................        1171
10010           Policies and procedures for implementing the 
                    National Environmental Policy Act.......        1194
10011-10099     [Reserved]

[[Page 1169]]



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 1170]]

    (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 1171]]

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 230 South 500 East, Suite 230, Salt Lake City, Utah 84102-
2045. 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.

[60 FR 49446, Sept. 25, 1995, as amended at 81 FR 36181, June 6, 2016]



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

[[Page 1172]]

and implementing the plan and provides information to other agencies and 
the public regarding how they might participate.



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

[[Page 1173]]

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, 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

[[Page 1174]]

of Section 315 may be found in Sections 302 through 313, excluding 
Section 304.



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

[[Page 1175]]

more public briefings will be held during this period. Briefings will be 
announced in appropriate local and regional media. Work sessions may 
also 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

[[Page 1176]]

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 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

[[Page 1177]]

exception will be when the Commission proposes to substitute an 
equivalent mitigation measure that meets with the approval of applicable 
Federal, 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

[[Page 1178]]

of Utah, and applicable Indian tribes each own and/or manage lands that 
are important to fish and wildlife resources 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

[[Page 1179]]

ensuring the compatibility of mitigation and conservation measures with 
the overall Central Utah Project. The Commission 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

[[Page 1180]]

other than those as described in paragraph (b)(2)(ii) of this section 
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 1181]]

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 1182]]

    (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 1183]]

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 1184]]

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 1185]]

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 1186]]

    (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 1187]]

    (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 1188]]

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 1189]]

    (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 1190]]

    (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 1191]]

    (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 1192]]

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 1193]]

    (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 1194]]

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 1195]]



      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 1196]]

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 1197]]

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 1198]]

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 1199]]

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 1200]]

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 1201]]

    (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 1202]]



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 1203]]



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 have an adverse environmental impact

[[Page 1204]]

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 1205]]



 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, licenses, 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 1206]]

    (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 1207]]

    (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.

                      PARTS 10011	10099 [RESERVED]

[[Page 1209]]



                              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 to Chapter II
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 1211]]

                           INDEX TO CHAPTER II

                         (As of October 1, 2017)

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....................
                                        Secs. 3503.32, 3503.38, 3505.12
    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
Acquisitions (donations and purchases)............
                                        Subtitle A, part 8; part 2130
Acreage limitations (geothermal)..................
                                        Sec. 3206.12
Acreage limitations (oil and gas).................
                                        Sec. 3101.2
Activity planning in coal leasing process.........
                                        Sec. 3420.3
    Public participation..........................
                                        Sec. 3420.3-1(d)
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 Native allotments for certain veterans.....
                                        Subpart 2568
    Appeals.......................................
                                        Sec. 2568.120
    Applying for an allotment.....................
                                        Sec. 2568.70 et seq.
    Available lands...............................
                                        Secs. 2568.90-2568.115
    Deceased veterans.............................
                                        Sec. 2568.60
    Qualifications................................
                                        Sec. 2568.50
Alaska occupancy and use..........................
                                        Part 2560
    Alaska Native allotments for certain veterans.
                                        Subpart 2568
        Appeals...................................
                                        Sec. 2568.120
        Applying for an allotment.................
                                        Sec. 2568.70 et seq.
        Available lands...........................
                                        Secs. 2568.90-2568.115
        Deceased veterans.........................
                                        Sec. 2568.60
        Qualifications............................
                                        Sec. 2568.50
    Alaska Railroad townsites.....................
                                        Subpart 2566
    Headquarters..................................
                                        Subpart 2563
    Homesites.....................................
                                        Subpart 2562
    Native allotments.............................
                                        Subpart 2561
    Native townsites..............................
                                        Subpart 2564
    Non-native townsites..........................
                                        Subpart 2565
    Trade and manufacturing.......................
                                        Subpart 2562
Alaska Public Sale Act............................
                                        Subpart 3822
Allotment:
    Alaska Native Allotments for Certain Veterans.
                                        Subpart 2568

[[Page 1212]]

    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
    Alaska Native Allotments for Certain Veterans.
                                        Subpart 2568
    Coal..........................................
                                        Secs. 3410.3-2(g)(2), 3430.5-2, 
                                        3451.2(d), 3486.4
    Geothermal
        Drilling operations.......................
                                        Subpart 3267
        Exploration operations....................
                                        Subpart 3256
        Utilization...............................
                                        Subpart 3279
    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, 2884
    Special recreation permits....................
                                        Sec. 2931.8
    Wild free-roaming horses and burros...........
                                        Sec. 4770.3
Applications:
    Alaska Native Allotments for Certain Veterans.
                                        Sec. 2568.70 et seq.
    General procedures............................
                                        Part 1820
    Geothermal Drilling...........................
                                        Subpart 3261
    Geothermal--unit agreement....................
                                        Subpart 3281
    Grazing--Alaska--Livestock....................
                                        Sec. 4220.2
    Grazing--Alaska--Reindeer.....................
                                        Sec. 4300.20 et seq., 
                                        Sec. 4320.1
    Grazing--Exclusive of Alaska..................
                                        Sec. 4130.1
    Lands in more than one land district..........
                                        Sec. 1822.16
    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
    Minerals-prospecting permits..................
                                        Part 3500
    Oil and gas drilling..........................
                                        Sec. 3162.3-1
    Oil and gas unit agreement....................
                                        Subpart 3181
    Oil and gas geophysical exploration--Alaska...
                                        Sec. 3152.1
    Refunds.......................................
                                        Secs. 1823.11-1823.13
    Rights-of-way.................................
                                        Subparts 2802, 2882
    Special recreation permit.....................
                                        Sec. 2932.20 et seq.
    Time limit for filing documents...............
                                        Subpart 1822
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 2930
    Unsuitable for surface mining.................
                                        Sec. 1610.7-1
    Wilderness....................................
                                        Part 8560
Arkansas--erroneously meandered lands.............
                                        Subpart 2543
Asphalt in Oklahoma...............................
                                        Secs. 3503.14, 3503.37(g), 
                                        3504.15(g), 3504.16(b), 3504.20, 
                                        3504.21(g), 3504.25, 3505.10(b), 
                                        3507.11(c), 3508.11, 3511.24(g), 
                                        3514.25(a)
Asphalt leases....................................
                                        Sec. 3503.14, Subpart 3504
Assessments work--annual filings..................
                                        Part 3836
Assignments and/or transfers:
    Coal..........................................
                                        Subpart 3453
    Geothermal....................................
                                        Subpart 3216
    Grazing preference............................
                                        Sec. 4110.2-3
    Mining claims.................................
                                        Part 3833;Subpart C
    Oil and gas...................................
                                        Subparts 3106, 3135
    Other minerals................................
                                        Subpart 3512
    Rights-of-way.................................
                                        Sec. 2803.6-3
Authority to bind government......................
                                        Sec. 1810.3
Authorizations, Recreation Use....................
                                        Part 2930

[[Page 1213]]

Availability of official records..................
                                        Subtitle A, part 2

                                    B

Bonds:
    Coal leases...................................
                                        Sec. 3453.2-4, subpart 3474
    Geothermal....................................
                                        Subparts 3214-3215
    Leases and prospecting permits for minerals 
      (other than coal and oil and gas)...........
                                        Sec. 3504.50 et seq.
    Nationwide....................................
                                        Sec. 3504.56
    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. 2932.44
    Statewide.....................................
                                        Sec. 3504.56
    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

                                    C

Cabin sites.......................................
                                        Subtitle A, part 21
Cadastral survey..................................
                                        Part 9180
California: Reserved minerals in patented lands...
                                        Subpart 3584
Casual use:
    Mining........................................
                                        Secs. 3802.1-2, 3809.11(a)
    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
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
    Cost Recovery.................................
                                        Sec. 3000.12
    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

[[Page 1214]]

Combined hydrocarbon leasing......................
                                        Part 3140
Common varieties:
    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 3603
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
Conservation System Units (CSU)...................
                                        Sec. 2568.100 et seq.
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
Contracts--Helium.................................
                                        Part 3195
Conveyance--Federally owned mineral interests.....
                                        Part 2720
Conveyancing documents............................
                                        Part 1860
    Correction of.................................
                                        Subpart 1865
Cooperating agency................................
                                        Sec. 1610.3-1
Cooperative relations.............................
                                        Part 1780
Coordination (planning process)...................
                                        Sec. 1610.3-1
Corridors, right-of-way...........................
                                        Subpart 2806
Cost recovery--Minerals management................
                                        Sec. 3000.12
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........................
                                        Secs. 2802.11,2882.10
    Wilderness areas..............................
                                        Part 8560
Development contracts (hardrock minerals).........
                                        Subpart 3517
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)............................
                                        Secs. 3100.2; 3162.2 et seq.
Drilling and producing obligation:
    Geothermal....................................
                                        Subpart 3262
    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. 3602.31
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

[[Page 1215]]

    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.
    Coal lease....................................
                                        Subpart 3435
    Coal lease (alluvial valley)..................
                                        Subpart 3436
    Fee Federal coal deposits.....................
                                        Subpart 2203
    General.......................................
                                        Part 2200
    Mineral leases................................
                                        Sec. 3107.7
    Mineral leases other than coal................
                                        Subpart 3515
    Oil and gas leases............................
                                        Part 3100 et seq.
    National Conservation Area....................
                                        Subpart 2274
    National Forest System--Segregative effect of 
      proposals...................................
                                        Sec. 2201.1-2
    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 3506
    Phosphate.....................................
                                        Subpart 3506
    Potassium.....................................
                                        Subpart 3506
    Sodium........................................
                                        Subpart 3506
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. 4300.22
    Coal..........................................
                                        Sec. 3473.2
    Exclusive of Alaska, livestock grazing........
                                        Sec. 4130.8
    Mineral leases, filing fee....................
                                        Sec. 3504.12
    Mineral prospecting permits, filing fee.......
                                        Sec. 3504.12
    Payment of....................................
                                        Sec. 1823.10
    Rights-of-way.................................
                                        Secs. 2804.14-2804.16,2884.12-
                                        2884.14
    Special recreation permits....................
                                        Sec. 2932.30 et seq.
Filing:
    Competitive oil and gas nominations...........
                                        Sec. 3120.3-2
    General.......................................
                                        Subpart 1822
    Time limit application........................
                                        Subpart 1822
    Transfers (geothermal)........................
                                        Subpart 3216
    Transfers (oil and gas).......................
                                        Sec. 3106.3, 3135.1-2
Final proof--general..............................
                                        Sec. 2521.6
Financial assistance, local government............
                                        Part 1880
Fire management...................................
                                        Part 9210
    Appeals of wildfire management decisions......
                                        Secs. 4190.1,5003.1
    Wildfire prevention...........................
                                        Subpart 9212
Fish and Wildlife, preservation, use, and 
    management....................................
                                        Subtitle A, part 24

[[Page 1216]]

Fissionable source materials......................
                                        Subpart 3746
Forest management.................................
                                        Part 5000 et seq.
    Sustained yield unit and cooperative 
      agreements..................................
                                        Part 5040
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:
    Geothermal....................................
                                        Subpart 3206
    Oil and gas...................................
                                        Sec. 3110.9
    Solid minerals (other than coal and oil shale)
                                        Subpart 3509
Freedom of Information Act........................
                                        Subtitle A, part 2
    Mineral materials.............................
                                        Sec. 3601.8
    Mining claims in wilderness study areas.......
                                        Sec. 3802.6
    Oil and gas leasing...........................
                                        Sec. 3100.4
    Solid mineral (other than coal)leasing........
                                        Secs. 3503.41-3503.46
Free use:
    Grazing--Alaska--Livestock....................
                                        Sec. 4220.6
    Grazing--Exclusive of Alaska..................
                                        Sec. 4130.5
    Mineral materials.............................
                                        Subpart 3604
    Timber........................................
                                        Subpart 5510
    Timber--Prohibited acts.......................
                                        Sec. 5511.4
Fur farms Alaska..................................
                                        Subpart 2916
Future interest (oil and gas).....................
                                        Sec. 3110.9, 3120.7

                                    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:
    Acreage limitations...........................
                                        Sec. 3206.13
    Appeals
        Drilling operations.......................
                                        Subpart 3267
        Exploration operations....................
                                        Subpart 3256
        Utilization...............................
                                        Subpart 3279
    Available lands...............................
                                        Subpart 3201
    Competitive leasing...........................
                                        Subpart 3203
    Confidential information......................
                                        Subpart 3255
    Cooperative conservation provisions...........
                                        Subpart 3217
    Cost recovery.................................
                                        Sec. 3000.12
    Drilling operations...........................
                                        Subparts 3260-3262
        Abandonment...............................
                                        Subpart 3263
        Inspection, enforcement, noncompliance....
                                        Subpart 3265
        Reports...................................
                                        Subpart 3264
    Exploration operations........................
                                        Subpart 3250
    General.......................................
                                        Subpart 3200
    Inspection and enforcement
        Drilling..................................
                                        Subpart 3265
        Operations................................
                                        Subpart 3277
    Lease bonds...................................
                                        Subparts 3214, 3215
    Leases
        Fractional or future interest.............
                                        Sec. 3206.15
        Issuance..................................
                                        Subpart 3206
        Obtaining a lease.........................
                                        Sec. 3203.5
    Leasing terms.................................
                                        Subparts 3206-3210
    Noncompetitive leasing........................
                                        Subpart 3204
    Proprietary information.......................
                                        Subpart 3255
    Qualifications of lessees.....................
                                        Subpart 3202
    Relinquishment, termination, cancellation, and 
      expiration..................................
                                        Subpart 3213
    Royalty rate on byproducts....................
                                        Sec. 3211.19
    Service charges, rentals, and royalties.......
                                        Subpart 3211
    Transfers.....................................
                                        Subpart 3216
    Unit Agreements...............................
                                        Part 3280
    Utilization of geothermal resources...........
                                        Subpart 3270-3275
        Commercial use permit.....................
                                        Subpart 3274

[[Page 1217]]

        Conducting operations.....................
                                        Subpart 3275
        Getting a permit..........................
                                        Subpart 3271
        Inspection, enforcement, concompliance....
                                        Subpart 3277
        Permitting of facilities..................
                                        Subpart 3271
        Plan contents and review..................
                                        Subpart 3272
        Site licenses.............................
                                        Subpart 3273
    Well abandonment..............................
                                        Subpart 3263
``Gilsonite'' leases..............................
                                        Secs. 3503.37(e), 3504.15(b)(e), 
                                        3504.21(e), 3504.25, 3511.15(e), 
                                        3514.25(b)
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. 4300.20 et seq.
    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. 4300.30
    Protests--Exclusive of Alaska.................
                                        Sec. 4160.2
    Qualifications and preference.................
                                        Subpart 4110
    Rangeland health..............................
                                        Subpart 4180, Sec. 4180.1
    Standards and guidelines for rangeland 
      management..................................
                                        Sec. 4180.2
    Trespass--Alaska--livestock...................
                                        Secs. 4210.4, 9239.3
        Trespass--Alaska--reindeer................
                                        Sec. 4300.90, Sec. 9239.3
    Unauthorized grazing use--Exclusive of Alaska.
                                        Subpart 4150

                                    H

Hardrock minerals, leases and permits.............
                                        Secs. 3503.37(f), 3504.15(f), 
                                        3504.21(f), 3504.25, 3505.10, 
                                        3505.61, 3511.15(f), 3514.25
Headquarters sites, Alaska........................
                                        Subpart 2563
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
    Contracts.....................................
                                        Subpart 3195
    Ownership and rights..........................
                                        Sec. 3100.1
Horses, wild free-roaming.........................
                                        Part 4700

[[Page 1218]]

                                    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
    Geothermal resources leasing and operations...
                                        Part 3200
    Grazing administration--exclusive of Alaska...
                                        Sec. 4100.0-9
    Mining claim assessment work..................
                                        Part 3836
    Mining claim recording........................
                                        Part 3833
    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, 3486
    Geothermal
        Appeals--exploration operations...........
                                        Subpart 3256
        Appeals--drilling operations..............
                                        Subpart 3267
        Appeals--utilization......................
                                        Subpart 3279
        Drilling operations.......................
                                        Subpart 3265
        Utilization operations....................
                                        Subpart 3277
    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
Law enforcement--criminal.........................
                                        Part 9260
    Land resource management......................
                                        Part 9262
    Minerals management...........................
                                        Subpart 9263
    Range Management..............................
                                        Subpart 9264
    Timber and other vegetative resources 
      management..................................
                                        Subpart 9265
    Recreation programs...........................
                                        Subpart 9268
    Technical services............................
                                        Subpart 9269
    Wildlife management...........................
                                        Subpart 9266
Leases:
    Acquired lands minerals (coal only)...........
                                        Sec. 3400.2(c)
    Acquired lands (oil and gas)..................
                                        Sec. 3101.2-2, 3110.5-3
    Acquired lands minerals (other than oil and 
      gas, coal, and oil shale)...................
                                        Secs. 3503.11, 3503.12, 3503.20, 
                                        3503.32, 3503.38
    Airports and aviation fields..................
                                        Subpart 2911
    Asphalt in Oklahoma...........................
                                        Sec. 3503.14, subpart 3504

[[Page 1219]]

    Cancellations:
        Coal......................................
                                        Subpart 3452
        Geothermal................................
                                        Sec. 3213.16 et seq.
        Oil and gas...............................
                                        Secs. 3108.2, 3136.3
    Coal..........................................
                                        Part 3400 et seq.
    Extensions
        Coal......................................
                                        Subpart 3451
        Geothermal................................
                                        Subpart 3207
        Oil and gas...............................
                                        Sec. 3105.5-4, subpart 3135
        Other minerals............................
                                        Sec. 3512.33
        Other minerals; cost recovery.............
                                        Sec. 3000.12
    Filing fees, minerals.........................
                                        Sec. 3504.11
    Fur farms, Alaska.............................
                                        Subpart 2916
    General.......................................
                                        Part 2920
    Geothermal....................................
                                        Part 3200
    Gilsonite.....................................
                                        Secs. 3503.37(e), 3504.15(b)(e), 
                                        3504.21(e), 3504.25, 3511.15(e), 
                                        3514.25(b)
    Grazing--Alaska--livestock....................
                                        Part 4200
    Grazing--Exclusive of Alaska..................
                                        Sec. 4130.2
    Grazing--Pierce Act...........................
                                        Subpart 4600
    Hardrock minerals.............................
                                        Secs. 3503.37(f), 3504.15(f), 
                                        3504.21(f), 3504.25, 3505.10, 
                                        3505.61, 3511.15(f), 3514.25
    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.....................................
                                        Secs. 3501.15(g), 3503.37(a), 
                                        3503.38(a), 3504.15(b)(a), 
                                        3504.16(c), 3504.21(a), 
                                        3504.25(a), 3511.10, 3511.15(a), 
                                        3514.25(b), 3516.11
    Potassium.....................................
                                        Secs. 3503.37(c), 3504.15(c), 
                                        3504.16(b), 3504.21(c), 
                                        3504.25(a), 3507.19(a)(4), 
                                        3511.10, 3511.15(c), 3514.25(b)
    Public domain lands, minerals.................
                                        Secs. 3503.30-3503.36, 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...............
                                        Secs. 3513.20-3513.26
    Royalty reductions, coal......................
                                        Subpart 3485
    Royalty reductions, heavy oil.................
                                        Sec. 3103.4-3
    Royalty reductions, oil and gas...............
                                        Sec. 3103.4-1
    Royalty reductions, stripper wells............
                                        Sec. 3103.4-2
    Sodium........................................
                                        Secs. 3501.15(g), 3503.37(b), 
                                        3504.15(b)(b), 3504.16(b), 
                                        3504.21(b), 3504.25(a), 
                                        3507.11(b), 3507.19(b), 3511.10, 
                                        3511.11, 3511.15(b), 3514.25(a), 
                                        3516.11
    Sulphur.......................................
                                        Secs. 3503.12, 3503.37(d), 
                                        3504.15(b)(d), 3504.21(d), 
                                        3504.25(a), 3507.11(b), 
                                        3507.19(a)(4), 3511.15(d), 
                                        3514.25(a)
    Suspensions, coal.............................
                                        Secs. 3473.4, 3483.3
    Special leasing areas.........................
                                        Part 3580
    Tar sand......................................
                                        Subpart 3141
        Royalties and rentals.....................
                                        Sec. 3141.5-3
    Terminations and cancellations, coal..........
                                        Subpart 3452
    Terminations and cancellations, geothermal....
                                        Subpart 3213
    Terminations and cancellations, solid leasable 
      minerals other than coal and oil shale......
                                        Secs. 3505.70-3505.85
    Terminations and cancellations, oil and gas...
                                        Subpart 3108
Licenses:
    Coal mining...................................
                                        Subparts 3410, 3440, 
                                        Sec. 3400.0-5(l), Sec. 3400.0-
                                        5(u)

[[Page 1220]]

    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..............................
                                        Part 3832;Subpart B
    Patent applications...........................
                                        Subpart 3862
Logging roads, rights-of-way for..................
                                        Part 2810
Logical mining unit (coal)........................
                                        Subpart 3487
Louisiana, erroneously meandered lands in.........
                                        Subpart 2544

                                    M

Mail, communications..............................
                                        Sec. 1810.2
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.......................................
                                        Part 3832;Subpart C;Subpart 3864
    In powersite withdrawals......................
                                        Subpart 3737
    Patents.......................................
                                        Subpart 3864
Mineral collection permits--acquired lands uses...
                                        Sec. 3505.12
Mineral development impact relief.................
                                        Subpart 1882
Mineral development, multiple.....................
                                        Sec. 3501.16
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.
    Cost recovery.................................
                                        Sec. 3000.12
    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................................
                                        Parts 3500 through 3590
    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............
                                        Secs. 3501.1(b)(3), 3503.13(c)
    Oil and gas...................................
                                        Subpart 3100
    Surface protection............................
                                        Subtitle A, part 23
Minerals other than oil and gas and coal, oil 
    shale, and tar sands..........................
                                        Parts 3500 through 3590
    Acreage limitations...........................
                                        Sec. 3503.37
    Cost recovery.................................
                                        Sec. 3000.12
    Reorganization Plan #3........................
                                        Secs. 3501.1(b), 3501.2(a), 
                                        3503.13(a), 3507.14(d), 
                                        3507.19(b)
    Rights-of-way.................................
                                        Part 2880
Mineral materials.................................
                                        Part 3600
    Emergency noncompetitive sale.................
                                        Sec. 3602.31
    Confidential and proprietary information......
                                        Sec. 3601.8
    Cost recovery.................................
                                        Sec. 3000.12
Mineral surveyors:
    Appointment and employment....................
                                        Sec. 3861.5
    Contracts.....................................
                                        Sec. 3861.4

[[Page 1221]]

    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.....................................
                                        Secs. 3809.301(b)(2), 
                                        3809.401(b)(2), 3809.420(c)(1)
    Acquiring delinquent co-claimant's interest...
                                        Part 3837
    Adverse claims................................
                                        Subpart 3871
    Assessment work...............................
                                        Part 3836
    Casual use....................................
                                        Secs. 3802.1-2, 3809.11(a)
    Contests......................................
                                        Subpart 3872
    Cost recovery.................................
                                        Sec. 3000.12
    Defective locations...........................
                                        Part 3832; Subpart D
    Describing locations..........................
                                        Part 3832;Subpart A
    Discovery.....................................
                                        Part 3832
    Fees for mining claims or sites...............
                                        Part 3834
        Fee adjustment............................
                                        Part 3834;Subpart B
        Fee payment...............................
                                        Part 3834;Subpart A
        Waivers from annual maintenance fees......
                                        Part 3835
    Financial guarantee requirements..............
                                        Sec. 3809.500 et seq.
    General.......................................
                                        Part 3800 et seq.
    Hearings......................................
                                        Subparts 1850, 3713, 3872
    Lands in more than one land district..........
                                        Sec. 1822.16
    Locating mining claims or sites...............
                                        Part 3832
    Locating, recording, and maintaining mining 
      claims or sites; general....................
                                        Part 3830
        Failure to comply.........................
                                        Part 3830;Subpart E
    Lode claim patent application.................
                                        Subpart 3862
    Lode claims...................................
                                        Part 3832;Subpart B
    Maintenance and location fees.................
                                        Part 3830;Subpart D
        Waivers from annual maintenance fees......
                                        Part 3835
    Millsite patents..............................
                                        Subpart 3864
    Millsites.....................................
                                        Part 3832;Subpart C
    Mineral patent applications...................
                                        Part 3860
    Mining law of 1872............................
                                        Part 3800 et seq.
    Multiple use; Mining..........................
                                        Part 3730
        Multiple use; Mining; Cost recovery.......
                                        Sec. 3000.12
    Nature and classes............................
                                        Part 3832
    Notice........................................
                                        Secs. 3809.11, 3809.301, 
                                        3809.312, 3809.313(c), 3809.320, 
                                        3809.401, 3809.411, 3809.420, 
                                        3809.430-432, 3809.593, 
                                        3809.600(a), 3809.601(a)
    O and C lands.................................
                                        Subpart 3821
    Occupancy and use.............................
                                        Subpart 3715
    Placer claim patent applications..............
                                        Subpart 3863
    Placer claims.................................
                                        Part 3832;Subpart B
    Plan of operations............................
                                        Sec. 3802.1, 3809.11
    Possessory rights.............................
                                        Sec. 3862.3
    Posting of claim..............................
                                        Sec. 3861.7
    Protests......................................
                                        Subpart 3872
    Recording mining claims and sites.............
                                        Part 3833
        Amending mining claims and sites..........
                                        Part 3833;Subpart B
        Defective filings.........................
                                        Part 3833;Subpart D
        Recording process.........................
                                        Part 3833;Subpart A
        Transfers of interest.....................
                                        Part 3833;Subpart C
    Stock driveway withdrawals....................
                                        Subpart 3815
    Stockraising Homestead Act lands..............
                                        Part 3838
    Surface management............................
                                        Subpart 3809
    Surveys and plats.............................
                                        Subpart 3861
    Tunnel sites..................................
                                        Part 3832;Subpart D
    Wilderness Review Program (exploration and 
      mining).....................................
                                        Subpart 3802
        Confidential information..................
                                        Sec. 3802.6
Mining methods (coal).............................
                                        Secs. 3481.1, 3482.1

[[Page 1222]]

Mining methods (solid minerals other than coal)...
                                        Part 3590
Minnesota: National Forest Lands..................
                                        Secs. 3501.1(b)(3), 3503.13(c)
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. 1822.10
National Park Service areas.......................
                                        Subpart 3582
National Petroleum Reserve--Alaska (oil and gas)..
                                        Part 3130
    Bonding.......................................
                                        Subpart 3134
    Issuance of leases............................
                                        Subpart 3132
    Leasing program...............................
                                        Subpart 3131
    Rentals and royalties.........................
                                        Subpart 3133
    Subsurface storage agreements.................
                                        Subpart 3138
    Transfers, extensions, and consolidations.....
                                        Subpart 3135
        Lease renewals............................
                                        Sec. 3135.1-6
        Termination of BLM administration.........
                                        Sec. 3135.1-8
    Unitization agreements........................
                                        Subpart 3137
        Consultation with regional corporations...
                                        Sec. 3137.11
        Consultation with State of Alaska.........
                                        Sec. 3137.11
National Recreation Areas, Whiskeytown-Shasta-
    Trinity.......................................
                                        Sec. 3109.3, subpart 3583, 
                                        Secs. 3501.1(c)(4), 3503.13(e)
National Rivers...................................
                                        Sec. 8351.2
National Trails...................................
                                        Sec. 8351.1
National Wilderness Preservation System...........
                                        Subtitle A, part 19
Native allotments:
    Alaska........................................
                                        Subpart 2561
    Alaska Native Veterans........................
                                        Subpart 2568
    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

                                    O

O and C lands:
    General.......................................
                                        Part 5040
    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
Occupancy:
    Cabin sites...................................
                                        Subtitle A, part 21
    Unlawful......................................
                                        Sec. 9239.2
Off-road vehicles.................................
                                        Part 8340
Office hours of offices...........................
                                        Sec. 1821.11
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
    Bond requirements.............................
                                        Subparts 3104, 3154
    Commingling...................................
                                        Subpart 3173
    Competitive leases............................
                                        Subpart 3120
    Confidential and proprietary information......
                                        Sec. 3100.4
    Cost recovery.................................
                                        Sec. 3000.12
    Drainage......................................
                                        Secs. 3100.2, 3162.2 et seq.
    Drilling applications.........................
                                        Sec. 3162.3-1
    Extension of lease terms......................
                                        Subpart 3107
    Fees, rentals, and royalty....................
                                        Subpart 3103
    Gas Flaring...................................
                                        Subpart 3179
    Gas Measurement...............................
                                        Subparts 3170, 3175
    Gas Venting...................................
                                        Subpart 3179

[[Page 1223]]

    General.......................................
                                        Part 3100 et seq.
        Information collection....................
                                        Sec. 3100.0-9
    Issuance of leases............................
                                        Subpart 3101, 3132
        Internet-based auctions...................
                                        Subparts 3103, 3110, 3120
    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
    Off-lease measurement.........................
                                        Subpart 3173
    Oil measurement...............................
                                        Subparts 3170, 3174
    Onshore oil and gas orders....................
                                        Sec. 3164.1
    Operations....................................
                                        Part 3160
        Information collection....................
                                        Sec. 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-free use..............................
                                        Subpart 3178
    Royalty reduction.............................
                                        Sec. 3103.4-1
    Royalty reduction, heavy oil..................
                                        Sec. 3103.4-3
    Royalty reduction, stripper wells.............
                                        Sec. 3103.4-2
    Site security.................................
                                        Subparts 3170, 3173
    Special tar sand areas........................
                                        Part 3140
    Transfers.....................................
                                        Subpart 3106
    Unit agreements...............................
                                        Subparts 3105, 3180
    Waste prevention..............................
                                        Subpart 3179
Oil trespass......................................
                                        Sec. 9239.5-2
Oklahoma: Asphalt leases..........................
                                        Sec. 3503.14, subpart 3504
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
        Drilling..................................
                                        Subpart 3260
        Exploration...............................
                                        Subpart 3250
        Utilization...............................
                                        Subpart 3275
    Oil and gas...................................
                                        Part 3160
    Solid minerals other than coal................
                                        Part 3590
Outdoor recreation................................
                                        Subchapter H

                                    P

Patents: Errors, correction.......................
                                        Subpart 1865
Payments and refunds..............................
                                        Subpart 1823
Payments in lieu of taxes.........................
                                        Subpart 1881
    For additions to National Park System or 
      National Forest System......................
                                        Sec. 1881.30
    For entitlement lands.........................
                                        Sec. 1881.20
    For Lake Tahoe Basin lands....................
                                        Sec. 1881.40
    For Redwood National Park.....................
                                        Sec. 1881.40
    State and local government responsibilities...
                                        Sec. 1881.50
Performance standards (Coal mining and 
    exploration)..................................
                                        Subpart 3484
Permits:
    Archaeological resources......................
                                        Subtitle A, part 7
    Coal..........................................
                                        Sec. 3400.0-5(dd)
    Free use, mineral materials...................
                                        Subpart 3604
    General.......................................
                                        Part 2920
    Geophysical exploration (oil and gas).........
                                        Subpart 3150
    Gilsonite.....................................
                                        Secs. 3503.37(e), 3504.15(e), 
                                        3505.10, 3505.61
    Grazing (Alaska reindeer).....................
                                        Part 4300

[[Page 1224]]

    Grazing (exclusive of Alaska).................
                                        Subpart 4130,
    Hardrock minerals.............................
                                        Secs. 3503.11, 3503.13, 
                                        3503.37(f), 3504.15(b)(f), 
                                        3505.10, 3505.61
    Off-road vehicles.............................
                                        Subpart 8344
    Oil and gas (Alaska)..........................
                                        Sec. 3152.1
    Oil and gas (drilling)........................
                                        Sec. 3162.3-1
    Phosphate.....................................
                                        Secs. 3501.15(g), 3503.37(a), 
                                        3504.15(b)(a), 3505.10, 3505.61, 
                                        3516.11, 3516.12
    Potassium.....................................
                                        Secs. 3503.11(j), 3503.37(c), 
                                        3503.10, 3505.61, 3507.19(a)(4)
    Range improvement.............................
                                        Sec. 4120.3-3
    Recreation use (developed sites)..............
                                        Subpart 2933
    Recreation use (undeveloped sites)............
                                        Sec. 2932.10
    Rights-of-way (temporary use permits).........
                                        Sec. 2881.12
    Sodium........................................
                                        Secs. 3501.15(g), 3503.37(b), 
                                        3504.15(b)(b), 3505.10, 3505.61, 
                                        3516.11, 3516.12
    Special areas.................................
                                        Secs. 2932.11, 2932.13
    Sulphur.......................................
                                        Secs. 3503.12, 3503.37(d), 
                                        3504.15(b)(d), 3505.10, 3505.61, 
                                        3507.11
    Temporary use.................................
                                        Parts 2800, 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......................
                                        Secs. 3501.15(g), 3503.37(a), 
                                        3503.38(a), 3504.15(b)(a), 
                                        3504.16(c), 3504.21(a), 
                                        3504.25(a), 3505.10, 3505.61, 
                                        3511.10, 3511.15(a), 3514.25(b), 
                                        3516.11
Pierce Act........................................
                                        Subpart 4600
Pipelines onshore, rights-of-way for..............
                                        Parts 2800, 2880
Placer claims.....................................
                                        Subparts Part 3832;Subpart B
Planning analysis.................................
                                        Sec. 1610.8(b)
Planning, programming and budgeting...............
                                        Part 1600
    Coordination; cooperating agencies............
                                        Sec. 1610.3-1
    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......................
                                        Secs. 3503.37(c), 3504.15(c), 
                                        3504.16(b), 3504.21(c), 
                                        3504.25(a), 3505.10, 3505.61, 
                                        3507.19(a)(4), 3511.10, 
                                        3511.15(c), 3514.25(b)
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.....................
                                        Subpart 3483
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, 
                                        8365;Sec. 2933.33
    Wilderness areas..............................
                                        Sec. 8560.1-2
Protection against mining hazards (solid minerals 
    other than coal)..............................
                                        Subpart 3595
Proofs............................................
                                        Subpart 2521
Prospecting permits:
    Extensions....................................
                                        Secs. 3505.61-3505.66
    Filing fees...................................
                                        Sec. 3504.12
    General.......................................
                                        Subpart 3505
    Gilsonite.....................................
                                        Subpart 3505
    Hardrock......................................
                                        Subpart 3505

[[Page 1225]]

    Phosphate.....................................
                                        Subpart 3505
    Potassium.....................................
                                        Subpart 3505
    Relinquishment (solid leasable minerals other 
      than coal)..................................
                                        Sec. 3505.70
    Rentals (solid leasable minerals other than 
      coal).......................................
                                        Secs. 3504.15-3504.17
    Sodium........................................
                                        Subpart 3505
    Sulphur.......................................
                                        Subpart 3505
    Terminations, expirations, cancellations 
      (solid leasable minerals other than coal)...
                                        Subpart 3514
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)..............................
                                        Secs. 3503.30-3530.36
Public participation (planning)...................
                                        Sec. 1610.2
Public sales of land under the Federal Land Policy 
    and Management Act............................
                                        Part 2710
Publication and posting of notice.................
                                        Subpart 1824

                                    Q

Qualifications of applicants for grazing:
    Alaska--reindeer..............................
                                        Sec. 4300.11
    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..............................
                                        Secs. 4300.42, 4300.43, 4300.72
    Exclusive of Alaska...........................
                                        Sec. 4120.3
Range management..................................
                                        Subchapter D (4000)
Reclamation townsites.............................
                                        Subpart 2764
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.
    Permits for recreation........................
                                        Part 2930
        Commercial use............................
                                        Subpart 2932
        Competitive events........................
                                        Subpart 2932
        Organized groups..........................
                                        Subpart 2932
        Recreation use permits for fee areas......
                                        Subpart 2933
        Special areas.............................
                                        Subpart 2932
        Special Recreation Permits................
                                        Subpart 2932
    Programs......................................
                                        Subchapter H
    Rules of conduct..............................
                                        Subpart 8365
        Motor vehicle safety belt requirements....
                                        Sec. 8365.1-3
    Use authorizations............................
                                        Part 2930
    Visitor services..............................
                                        Part 8360
    Wilderness areas..............................
                                        Part 8560R
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............................
                                        Secs. 2091.7-1, 2741.5(h)(2)

[[Page 1226]]

Refunds...........................................
                                        Subpart 1823
Reindeer grazing:
    Permits.......................................
                                        Part 4300
    Trespass......................................
                                        Sec. 4300.90
Reimbursement of costs (rights-of-way)............
                                        Subpart 2808, Sec. 2883.1-1
Reinstatement of oil and gas leases...............
                                        Sec. 3108.2
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 3514
    Minerals, leases (oil and gas)................
                                        Subpart 3108, Sec. 3136.1
    Minerals, prospecting permits.................
                                        Sec. 3505.70
Removal of archaeological resources...............
                                        Subtitle A, part 7
Renewable energy:
    Segregation...................................
                                        Secs. 2091.3-1, 2804.25
    Competitive rights-of-way.....................
                                        Subparts 2804, 2809
    Rents and fees for rights-of-way..............
                                        Secs. 2806.50, 2806.60
Rentals and royalties:
    Coal..........................................
                                        Subpart 3473
    Solid minerals other than coal and oil shale..
                                        Subpart 3504
    Geothermal....................................
                                        Subpart 3211
    Oil and gas...................................
                                        Subparts 3103, 3133
    Rights-of-way.................................
                                        Secs. 2806.23, 2885.15
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
Restorations and revocations of withdrawals and 
    reservations..................................
                                        Subpart 2370
Resurveys.........................................
                                        Secs. 9185.1-2, 9185.3
Revocations of withdrawals........................
                                        Part 2370
Rights-of-way.....................................
                                        Part 2800 et seq.
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. 2932.57
    Competitive use...............................
                                        Sec. 2932.57
    National wild and scenic rivers...............
                                        Sec. 8351.2-1
    Off-road vehicle..............................
                                        Sec. 8341.2
    Recreation sites..............................
                                        Sec. 8365.2 et seq.

[[Page 1227]]

    Rules of conduct..............................
                                        Subpart 8365
        Motor vehicle safety belt requirements....
                                        Sec. 8365.1-3
    Supplementary rules...........................
                                        Sec. 8365.1-6
    Wilderness areas..............................
                                        Part 8560

                                    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; direct use leases.................
                                        Subpart 3205
    Mineral material..............................
                                        Subpart 3602
    Public lands, general.........................
                                        Subpart 2710
    Public lands, procedures......................
                                        Subpart 2711
    Timber........................................
                                        Part 5400
    Timber sales administration...................
                                        Part 5460
    Timber sales--preparation.....................
                                        Part 5420
Scenic and wild rivers............................
                                        Sec. 8351.2
School land grants, mineral sections..............
                                        Subpart 2623
Segregation, renewable energy.....................
                                        Secs. 2091.3-1, 2804.25
Segregative effect................................
                                        Subpart 2091
Shore space.......................................
                                        Subpart 2094
Simultaneous document filing, procedures..........
                                        Secs. 1822.17, 1822.18
Snake River, omitted lands........................
                                        Subpart 2546
Sodium, leases and permits........................
                                        Secs. 3501.15(g), 3503.37(b), 
                                        3504.15(b)(b), 3504.16(b), 
                                        3504.21(b), 3504.25(a), 3505.10, 
                                        3505.61, 3507.11(b), 3507.19(b), 
                                        3511.10, 3511.11, 3511.15(b), 
                                        3514.25(a), 3516.11
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........................
                                        Subparts 2931 and 2932
State and local government, payments in lieu of 
    taxes.........................................
                                        Subpart 1881
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........................
                                        Secs. 3503.12, 3503.37(d), 
                                        3504.15(b)(d), 3504.21(d), 
                                        3504.25(a), 3505.10, 3505.61, 
                                        3507.11(b), 3507.19(a)(4), 
                                        3511.15(d), 3514.25(a)
Surface exploration, mining and reclamation of 
    land..........................................
                                        Subtitle A, part 23
Surface management................................
                                        Subparts 3802, 3809
Surveys...........................................
                                        Part 9180
Suspension of operations and production (S.O.P.):
    Coal..........................................
                                        Secs. 3473.4, 3483.3
    Geothermal....................................
                                        Subpart 3212
    Oil and gas...................................
                                        Sec. 3103.4-4

                                    T

Taxes, Payments in lieu of........................
                                        Subpart 1881
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. 3213.14 et seq.
Terminations (oil and gas)........................
                                        Sec. 3108.2
Testimony and proofs..............................
                                        Sec. 2521.6

[[Page 1228]]

Testimony of employees of Department..............
                                        Subtitle A, part 2, Sec. 2.82
Timber............................................
                                        Part 5400 et seq.
Time limit for filing documents...................
                                        Subpart 1822
Title conveyances.................................
                                        Subpart 1863
Tort claims.......................................
                                        Subtitle A, part 22
Townsite:
    Alaska native townsites.......................
                                        Subpart 2564
    Alaska Railroad...............................
                                        Subpart 2566
    Non-native....................................
                                        Subpart 2565
    Reclamation...................................
                                        Subparts 2764, 2765
Trails:
    Exchanges.....................................
                                        Subpart 2273
    National......................................
                                        Sec. 8351.1
    Off-road vehicle designation..................
                                        Subpart 8342
Tramroads and logging roads, rights-of-way for....
                                        Part 2810
Transmission lines, rights-of-way for.............
                                        Part 2800
Tunnel sites......................................
                                        Part 3832;Subpart D

                                    U

Unauthorized use..................................
                                        Part 9230
    Grazing.......................................
                                        Subpart 4150
    Lands.........................................
                                        Secs. 2801.3, 2920.1-2
    Mining materials..............................
                                        Secs. 3601.70 through 3601.72
Use authorizations................................
                                        Part2930
Use permits:
    Phosphate.....................................
                                        Subpart 3516
    Sodium........................................
                                        Subpart 3516
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
Veterans, Alaska Native...........................
                                        Subpart 2568
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 free-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. 3809.11(c)
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.

[[Page 1229]]

    Restorations and revocations..................
                                        Subpart 2370

[[Page 1231]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2017)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 1232]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   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  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 1233]]

    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 1234]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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 Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       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)

[[Page 1235]]

         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)
       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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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 Policy and New Uses, 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  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     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)

[[Page 1236]]

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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, 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)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      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)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)

[[Page 1237]]

      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      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)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    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--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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 Industry and Security, 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)

[[Page 1238]]

        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            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) [Reserved]

                    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  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)

[[Page 1239]]

       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  Office of Workers' Compensation Programs, 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)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, 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 (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (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  Millennium Challenge Corporation (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)

[[Page 1240]]

        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)

                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)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         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, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         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)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)

[[Page 1241]]

      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       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--899)
         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 (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

[[Page 1242]]

                            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  Employee Benefits Security 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)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)

[[Page 1243]]

        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 Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      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)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (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)

[[Page 1244]]

        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 Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

[[Page 1245]]

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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 Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       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)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]

[[Page 1246]]

            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   ii--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (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)

[[Page 1247]]

       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)
        IX  Denali Commission (Parts 900--999)
         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  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, 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 of Fine Arts (Parts 2100--2199)
     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 Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        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)

[[Page 1248]]

        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  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  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)
        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  Broadcasting Board of Governors (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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        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) 
                [Reserved]

[[Page 1249]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        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  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (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 (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   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)

[[Page 1250]]

        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 1251]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2017)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 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 Nutrition 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
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 1252]]

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
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Career, Technical and Adult Education, Office of  34, IV
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I

[[Page 1253]]

  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical and Adult Education, Office   34, IV
       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
  Career, Technical, and Adult Education, Office  34, IV
       of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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                             2, IX; 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
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2

[[Page 1254]]

  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 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
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               31, IX
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                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
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
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition 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 Services Administration                   5, LVII; 41, 105

[[Page 1255]]

  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  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
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 1256]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
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, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  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
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 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
Investment Security, Office of                    31, VIII
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                                2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  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
[[Page 1257]]

  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
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    5, C; 34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
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                       2, XXV; 5, XLIII; 45, VI

[[Page 1258]]

  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, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        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                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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 Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
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
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
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
Safety and Environmental Enforcement, Bureau of   30, II
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

[[Page 1259]]

Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 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                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               2, X;5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI

[[Page 1260]]

Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1261]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2012 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2012

                       (No regulations published)

                                  2013

43 CFR
                                                                   78 FR
                                                                    Page
Chapter II
1821.10  (a) amended........................................35571, 46527
2091.3-1  (e) added................................................25212
2804.25  (e) added.................................................25213
3000.12  (a) revised...............................................49949

                                  2014

43 CFR
                                                                   79 FR
                                                                    Page
Chapter II
3000.12  (a) revised...............................................57480
3830.21  (a) and (d) revised.......................................36664

                                  2015

43 CFR
                                                                   80 FR
                                                                    Page
Chapter II
1821.10  (a) amended...............................................59635
3000.12  (a) revised...............................................58629
3160  Authority citation revised...................................16217
3160.0-3  Amended..................................................16217
3160.0-5  Amended..................................................16217
3162.3-2  (a) amended; (b) revised.................................16218
3162.3-3  Revised..................................................16218
    (a)(5) table corrected.........................................16577
3162.5-2  (d) amended..............................................16222

                                  2016

43 CFR
                                                                   81 FR
                                                                    Page
Chapter II
1600  Revised......................................................89661
2800  Heading revised..............................................92205
2801.5  (b) amended................................................92205
2801.6  (a)(2) revised.............................................92207
2801.9  (a)(4) and (7) revised; (d) added..........................92207
2802.11  Heading, (a), (b) introductory text, (3), (4), (6), (7) 
        and (d) revised............................................92207
2804.10  (a)(2) revised............................................92207
2804.12  Revised...................................................92207
2804.14  (a), (b) and (c) revised..................................92208
2804.18  (a)(6), (7) and (8) redesignated as (a)(7), (8) and (9); 
        new (a)(6) added...........................................92209
2804.19  (a) revised; (e) added....................................92209
2804.20  (a)(1) and (5) revised; (a)(6) redesignated as (a)(7); 
        new (a)(6) added...........................................92209
2804.23  Heading, (a)(1) and (c) revised; (d) and (e) added........92209
2804.24  (a) revised; (b) redesignated as (c); new (b) added.......92209
2804.25  Revised...................................................92209

[[Page 1262]]

2804.26  (a)(6) redesignated as (a)(8); (a)(5) and new (a)(8) 
        revised; new (a)(6), (7) and (c) added.....................92211
2804.27  Heading and introductory text revised.....................92211
2804.30  Added.....................................................92211
2804.31  Added.....................................................92212
2804.35  Added.....................................................92212
2804.40  Added.....................................................92212
2805.10  Heading and (a) revised; (b) and (c) redesignated as (c) 
        and (d); new (b) added.....................................92212
2805.11  (b)(2) redesignated as (b)(3); new (b)(2) added; new 
        (b)(3) revised.............................................92213
2805.12  Revised...................................................92213
2805.14  (e) and (f) amended; (g) and (h) added....................92215
2805.15  (b) amended...............................................92215
2805.16  Revised...................................................92215
2805.20  Added.....................................................92215
2806.10--2806.70 (Subpart 2806)  Heading revised...................92216
2806.12  Heading, (a) and (b) revised; (d) added...................92216
2806.13  Heading and (a) revised; (e) redesignated as (f); new (e) 
        and (g) added..............................................92216
2806.20  (c) revised...............................................92216
2806.22  (a) amended...............................................92216
2806.23  (b) removed; (c) redesignated as (b)......................92216
2806.24  (c) revised...............................................92216
2806.30  (a)(1) and (2) revised; (b) removed; (c) redesignated as 
        new (b)....................................................92216
2806.34  (b)(4) amended............................................92217
2806.43  (a) amended...............................................92217
2806.44  Heading and (a) revised; introductory text added..........92217
2806.50  Undesignated center heading removed; section redesignated 
        as 2806.70.................................................92217
    Undesignated center heading and section added..................92217
2806.51  Added.....................................................92217
2806.52  Added.....................................................92217
2806.54  Added.....................................................92217
2806.56  Added.....................................................92217
2806.58  Added.....................................................92217
2806.60  Undesignated center heading and section added.............92220
2806.61  Added.....................................................92220
2806.62  Added.....................................................92220
2806.64  Added.....................................................92220
2806.66  Added.....................................................92220
2806.68  Added.....................................................92220
2806.70  Redesignated from 2806.50.................................92217
    Undesignated center heading added; section revised.............92222
2807.11  (b) revised; (d) and (e) redesignated as (f) and (g); new 
        d and (e) added............................................92222
2807.17  (d) redesignated as (e); new (d) added....................92223
2807.21  Revised...................................................92223
2807.22  Heading, (a), (b) and (d) revised; (f) redesignated as 
        (g); new (f) added.........................................92223
2809.10--2809.19 (Subpart 2809)  Revised...........................92224
2880  Authority citation revised...................................92226
2884.11  (c)(5) revised............................................92226
2884.12  (a), (b) and (c) revised..................................92226
2884.16  (a)(6), (7) and (8) redesignated as (a)(7), (8) and (9); 
        new (a)(6) added...........................................92227
2884.17  (a) revised; (e) added....................................92227
2884.18  (a)(1) and (c) revised....................................92227
2884.20  (a) introductory text and (d) revised.....................92227
2884.21  (b) and (c) redesignated as (c) and (d); new (b) added; 
        new (d)(4) revised.........................................92227
2884.22  (a) revised...............................................92227
2884.23  (a)(6) revised; (b) redesignated as (c); new (b) added....92227
2884.30  Added.....................................................92227
2885.11  (a) introductory text and (b)(7) revised..................92227
2885.15  (b) revised...............................................92228
2885.16  (a) revised...............................................92228
2885.17  Heading revised; (e) redesignated as (f); new (e) added 
                                                                   92228
2885.19  (b) revised...............................................92228
2885.20  (b) revised...............................................92228
2885.24  Revised...................................................92228
2886.12  (b) revised; (d) redesignated as (g); new (d), (e) and 
        (f) added..................................................92229
2887.11  Revised...................................................92229
2887.12  (d) and (e) added.........................................92230
3000.12  (a) revised...............................................65561
3100  Authority citation revised............................59905, 83077
3103.3-1  Revised..................................................83077
    (a)(2) corrected...............................................88634
3103.3-2  (a)(2) revised...........................................59905

[[Page 1263]]

3110  Authority citation revised...................................59905
3110.1  (b) amended................................................59905
3110.2  (a) amended................................................59905
3120  Authority citation revised...................................59905
3120.1-2  (b) revised..............................................59905
3120.3-7  Revised..................................................59905
3120.5-1  Heading and (c) revised; (a) and (b) amended.............59905
3120.5-2  (c) revised..............................................59906
3120.5-3  (c) revised..............................................59906
3120.6  Revised....................................................59906
3160  Authority citation revised............................41862, 81419
3160.0-3  Amended..................................................81419
3160.0-5  Amended..................................................83078
3161.1  Revised....................................................81419
3162.3-1  (j) added................................................83078
3162.3-2  (d) added................................................81419
3162.4-1  (a) and (d) revised; (e) added...........................81419
3162.4-3  Removed..................................................81420
3162.6  (a) amended; (b) and (c) revised; (d) redesignated as (e); 
        new (d) added..............................................81420
3162.7-1  (f) removed..............................................81420
3162.7-2  Revised..................................................81504
3162.7-3  Revised..................................................81609
3162.7-5  Removed..................................................81420
3163.2  (a), (b), (d), (e) introductory text, (f) introductory 
        text, (g)(1) and (2)(iii) amended; interim.................41862
    (g), (j) and (k) removed; (h) and (i) redesignated as new (g) 
and (h); (a), (b), (d), (e) introductory text, (f) introductory 
text, new (g) and new (h) revised..................................81420
3164.1  (b) table amended...................................81421, 81504
3165.3  (a) and (d) revised........................................81421
3170  Added........................................................81421
3174.1--3174.15 (Subpart 3174)  Added..............................81504
3175.10--3175.150 (Subpart 3175)  Added............................81609
3178.1--3178.10 (Subpart 3178)  Added..............................83078
3179.1--3179.401 (Subpart 3179)  Added.............................83078
3179.4  (a) and (b) correctly designated...........................88634
3179.102  (d) corrected............................................88634
Chapter III
10000.7  (a) amended...............................................36181

                                  2017

  (Regulations published from January 1, 2017, through October 1, 2017)

43 CFR
                                                                   82 FR
                                                                    Page
Chapter II
3160  Policy statement..............................................2906
    Authority citation revised......................................6307
    Regulation at 82 FR 2906 eff. date delayed to 3-21-17...........9974
3163.2  (a), (b), (d), (e) introductory text, (f) introductory 
        text, (g)(1) and (2)(iii) amended...........................6307
3170  Compliance notification......................................27430
8360  Policy statement.............................................31268


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