[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: 43CFR3140.2-3]



[Page 409-410]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 3140_LEASING IN SPECIAL TAR SAND AREAS--Table of Contents

 

Subpart 3140_Conversion of Existing Oil and Gas Leases and Valid Claims 

                       Based on Mineral Locations

 

Sec.  3140.2-3  Application requirements.



    (a) The applicant shall submit to the State Director, Utah State 

Office of the Bureau of Land Management, a written request for a 

combined hydrocarbon lease signed by the owner of the lease or valid 

claim which shall be accompanied by 3 copies of a plan of operations 

which shall meet the requirements of 43 CFR 3592.1 and which shall 

provide for reasonable protection of the environment and diligent 

development of the resources requiring enhanced recovery methods of 

development or mining.

    (b) A plan of operations may be modified or amended before or after 

conversion of a lease or valid claim to reflect changes in technology, 

slippages in schedule beyond the control of the lessee, new information 

about the resource or the economic or environmental aspects of its 

development, changes to or initiation of applicable unit agreements or 

for other purposes. To obtain approval of a modification or amended 

plan, the applicant shall submit a written statement of the proposed 

changes or supplements and the justification for the changes proposed. 

Any modifications shall be in accordance with 43 CFR 3592.1(c). The 

approval of the modification or amendment is the responsibility of the 

authorized officer. Changes or modification to the plan of operations 

shall have no effect on the primary term of the lease. The authorized 

officer shall, prior to approving any amendment or modification, review 

the modification or amendment with the appropriate surface management 

agency. For leases within units of the National Park System, no 

amendment or modification shall be approved without the consent of the 

Regional Director of the National Park Service in accordance with Sec.  

3140.7 of this title.

    (c) The plan of operations may be for a single existing oil and gas 

lease or valid claim or for an area of proposed unit operation.

    (d) The plan of operations shall identify by lease number all 

Federal oil and gas leases proposed for conversion and identify valid 

claims proposed for conversion by the recordation number of the mining 

claim.



[[Page 410]]



    (e) The plan of operations shall include any proposed designation of 

operator or proposed operating agreement.

    (f) The plan of operations may include an exploration phase, if 

necessary, but it shall include a development phase. Such a plan can be 

approved even though it may indicate work under the exploration phase is 

necessary to perfect the proposed plan for the development phase as long 

as the overall plan demonstrates reasonable protection of the 

environment and diligent development of the resources requiring enhanced 

recovery methods of mining.

    (g)(1) Upon determination that the plan of operations is complete, 

the authorized officer shall suspend the term of the Federal oil and gas 

lease(s) as of the date that the complete plan was filed until the plan 

is finally approved or rejected. Only the term of the oil and gas lease 

shall be suspended, not any operation and production requirements 

thereunder.

    (2) If the authorized officer determines that the plan of operations 

is not complete, the applicant shall be notified that the plan is 

subject to rejection if not completed within the period specified in the 

notice.

    (3) The authorized officer may request additional data after the 

plan of operations has been determined to be complete. This request for 

additional information shall have no effect on the suspension of the 

running of the oil and gas lease.



[47 FR 22478, May 24, 1982, as amended at 55 FR 12351, Apr. 3, 1990]