[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3101.8]



[Page 339-340]

 

                    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



[[Page 340]]



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]