[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3101.8]

[Page 328-329]
 
                    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 3101_Issuance of Leases
 
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

[[Page 329]]

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]