[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: 43CFR3110.1]



[Page 373-374]

 

                    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: 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.; and Pub. L. 97-35, 95 Stat. 

357.



    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



[[Page 374]]



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]