[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3100.0-3]

[Page 319-321]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 3100--OIL AND GAS LEASING--Table of Contents
 
           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lands withdrawn by section 206 of the Alaska National Interest Lands 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;

[[Page 320]]

    (iii) Incorporated cities, towns and villages;
    (iv) Naval petroleum and oil shale reserves and the National 
Petroleum Reserve--Alaska.
    (v) Lands north of 68 degrees north latitude and east of the western 
boundary of the National Petroleum Reserve--Alaska;
    (vi) Arctic National Wildlife Refuge in Alaska.
    (vii) Lands recommended for wilderness allocation by the surface 
managing agency:
    (viii) Lands within Bureau of Land Management wilderness study 
areas;
    (ix) Lands designated by Congress as wilderness study areas, except 
where oil and gas leasing is specifically allowed to continue by the 
statute designating the study area;
    (x) Lands within areas allocated for wilderness or further planning 
in Executive Communication 1504, Ninety-Sixth Congress (House Document 
numbered 96-119), unless such lands are allocated to uses other than 
wilderness by a land and resource management plan or have been released 
to uses other than wilderness by an Act of Congress; and
    (xi) Lands within the National Wilderness Preservation System, 
subject to valid existing rights under section 4(d)(3) of the Wilderness 
Act established before midnight, December 31, 1983, unless otherwise 
provided by law.
    (b) Acquired lands. (1) Oil and gas in acquired lands are subject to 
lease under the Mineral Leasing Act for Acquired Lands of August 7, 
1947, as amended (30 U.S.C. 351-359).
    (2) Exceptions. (i) Units of the National Park System, except as 
provided in paragraph (g)(4) of this section;
    (ii) Incorporated cities, towns and villages;
    (iii) Naval petroleum and oil shale reserves and the National 
Petroleum Reserve--Alaska;
    (iv) Tidelands or submerged coastal lands within the continental 
shelf adjacent or littoral to lands within the jurisdiction of the 
United States;
    (v) Lands acquired by the United States for development of helium, 
fissionable material deposits or other minerals essential to the defense 
of the country, except oil, gas and other minerals subject to leasing 
under the Act;
    (vi) Lands reported as excess under the Federal Property and 
Administrative Services Act of 1949;
    (vii) Lands acquired by the United States by foreclosure or 
otherwise for resale.
    (viii) Lands recommended for wilderness allocation by the surface 
managing agency;
    (ix) Lands within Bureau of Land Management wilderness study areas;
    (x) Lands designated by Congress as wilderness study areas, except 
where 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

[[Page 321]]

Federal Property and Administrative Services Act of 1949 and the Mineral 
Leasing Act for Acquired Lands, as amended.
    (f) The Act of May 21, 1930 (30 U.S.C. 301-306), authorizes the 
leasing of oil and gas deposits under certain rights-of-way to the owner 
of the right-of-way or any assignee.
    (g)(1)The Act of May 9, 1942 (56 Stat. 273), as amended by the Act 
of October 25, 1949 (63 Stat. 886), authorizes leasing on certain lands 
in Nevada.
    (2) The Act of March 3, 1933 (47 Stat. 1487), as amended by the Act 
of June 5, 1936 (49 Stat. 1482) and the Act of June 29, 1936 (49 Stat. 
2026), authorizes leasing on certain lands patented to the State of 
California.
    (3) The Act of June 30, 1950 (16 U.S.C. 508(b)) authorizes leasing 
on certain National Forest Service Lands in Minnesota.
    (4) Units of the National Park System. The Secretary is authorized 
to permit mineral leasing in the following units of the National Park 
System if he/she finds that such disposition would not have significant 
adverse effects on the administration of the area and if lease 
operations can be conducted in a manner that will preserve the scenic, 
scientific and historic features contributing to public enjoyment of the 
area, pursuant to the following authorities:
    (i) Lake Mead National Recreation Area--The Act of October 8, 1964 
(16 U.S.C. 460n et seq.).
    (ii) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area--The Act of November 8, 1965 (79 Stat. 1295; 16 U.S.C. 
460q et seq.).
    (iii) Ross Lake and Lake Chelan National Recreation Areas--The Act 
of October 2, 1968 (82 Stat. 926; 16 U.S.C. 90 et seq.).
    (iv) Glen Canyon National Recreation Area--The Act of October 27, 
1972 (86 Stat. 1311; 16 U.S.C. 460dd et seq.).
    (5) Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity 
National Recreation Area. Section 6 of the Act of November 8, 1965 (Pub. 
L. 89-336; 79 Stat. 1295), authorizes the Secretary of the Interior to 
permit the removal of leasable minerals from lands (or interest in 
lands) within the recreation area under the jurisdiction of the 
Secretary of Agriculture in accordance with the Mineral Leasing Act of 
February 25, 1920, as amended (30 U.S.C. 181 et seq.), or the Acquired 
Lands Mineral Leasing Act of August 7, 1947 (30 U.S.C. 351-359), if he 
finds that such disposition would not have significant adverse effects 
on the purpose of the Central Valley project or the administration of 
the recreation area.

[48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984; 53 
FR 17351, 17352, May 16, 1988; 53 FR 22835, June 17, 1988; 53 FR 31958, 
Aug. 22, 1988]