[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: 43CFR3500]



[Page 657]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 3500_LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE

--Table of Contents

 

                 Subpart 3502_Qualification Requirements

 

Sec.  3502.40  What happens if an applicant or successful bidder for a permit or lease dies before the permit or lease is issued?



    (a) If probate of the estate has been completed or is not required, 

BLM will issue the permit or lease to the heirs or devisees, or their 

guardian. We will recognize the heirs or devisees or their guardian as 

the record title holders of the permit or lease. They must send us:

    (1) A certified copy of the will or decree of distribution, and if 

no will or decree exists, a statement signed by the heirs that they are 

the only heirs and citing the provisions of the law of the deceased's 

last domicile showing that no probate is required; and

    (2) A statement signed by each of the heirs or devisees with 

reference to citizenship and holdings similar to that required by Sec.  

3502.27 of this part. If the heir or devisee is a minor, the guardian or 

trustee must sign the statement.

    (b) If probate is required but has not been completed, BLM will 

issue the permit or lease to the executor or administrator of the 

estate. BLM considers the executor or administrator as the record title 

holder of the permit or lease. He or she must send:

    (1) Evidence that the person who, as executor or administrator, 

submits lease and bond forms has authority to act in that capacity and 

to sign those forms;

    (2) Evidence that the heirs or devisees are the only heirs or 

devisees of the deceased; and

    (3) A statement signed by each heir or devisee concerning 

citizenship and holdings, as required by Sec.  3502.27 of this part.