[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: 43CFR3110.1]

[Page 362]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 3110_NONCOMPETITIVE LEASES--Table of Contents
 
                   Subpart 3110_Noncompetitive Leases
 
Sec. 3110.1  Lands available for noncompetitive offer and lease.




                   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: Mineral Leasing Act of 1920, as amended and supplemented 
(30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands of 
1947, as amended (30 U.S.C. 351-359), the Alaska National Interest Lands 
Conservation Act, as amended (16 U.S.C. 3101 et seq.), Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Omnibus 
Budget Reconciliation Act of 1981 (Pub. L. 97-35), and the Independent 
Offices Appropriations Act of 1952 (31 U.S.C. 483a).

    Source: 53 FR 22840, June 17, 1988, unless otherwise noted.



    (a) Offer. (1) Effective June 12, 1988, through January 2, 1989, 
noncompetitive lease offers may be filed only for lands available under 
Sec. 3110.1(b) of this title. Noncompetitive lease offers filed after 
December 22, 1987, and prior to June 12, 1988, for lands available for 
filing under Sec. 3110.1(a) of this title shall receive priority. Such 
offers shall be exposed to competitive bidding under subpart 3120 of 
this title and if no bid is received, a noncompetitive lease shall be 
issued all else being regular. After January 2, 1989, noncompetitive 
lease offers may be filed on unleased lands, except for:
    (i) Those lands which are in the one-year period commencing upon the 
expiration, termination, relinquishment, or cancellation of the leases 
containing the lands; and
    (ii) Those lands included in a Notice of Competitive Lease Sale or a 
List of Lands Available for Competitive Nominations. Neither exception 
is applicable to lands available under Sec. 3110.1(b) of this title.
    (2) Noncompetitive lease offers may be made pursuant to an opening 
order or other notice and shall be subject to all provisions and 
procedures stated in such order or notice.
    (3) No noncompetitive lease may issue for any lands unless and until 
they have satisfied the requirements of Sec. 3110.1(b) of this title.
    (b) Lease. Only lands that have been offered competitively under 
subpart 3120 of this title, and for which no bid has been received, 
shall be available for noncompetitive lease. Such lands shall become 
available for a period of 2 years beginning on the first business day 
following the last day of the competitive oral auction, or when formal 
nominations have been requested as specified in Sec. 3120.3-1 of this 
title, or the first business day following the posting of the Notice of 
Competitive Lease Sale, and ending on that same day 2 years later. A 
lease may be issued from an offer properly filed any time within the 2-
year noncompetitive leasing period.

[53 FR 22840, June 17, 1988; 53 FR 31958, Aug. 22, 1988]