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SUBCHAPTER C-MINERALS MANAGEMENT (3000)

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SOURCE: The provisions of this Subpart 3000 appear at 35 F.R. 9669, June 13, 1970, unless otherwise noted.

§ 3000.0-5 Definitions.

(a) Leasable minerals. (1) Oil and gas. (i) Gas, any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at ordinary temperature and pressure conditions.

(ii) Oil, crude oil, any liquid hydrocarbon substance which occurs naturally in the earth, including drip gasoline or other natural condensates recovered from gas, without resort to manufacturing process.

(b) Other leasable. (1) Coal, chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium and sodium; sulphur in the States of Louisiana and New Mexico; phosphate; and native asphalt, solid and semisolid bitumen and bituminous rock (including oil impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried).

(2) Solid (hardrock) minerals; minerals in acquired lands which would be subject to location under the U.S. mining laws if located in the public domain lands.

(c) Secretary. The Secretary of the Interior or any person duly authorized to exercise the powers vested in that officer.

(d) Director. The Director of the Bureau of Land Management or any person duly authorized to exercise the powers vested in that officer.

(e) State Director. The director of a Bureau of Land Management State office.

(f) Land Office Manager. The manager in charge of a land office.

(g) Land Office (place of filing). The land office of the Bureau of Land Management for the State or part of a State in which the lands covered by a permit, lease, application, or entry, or application for such, are situated.

(h) Public domain lands. Original public domain lands which have never left Federal ownership; also, lands in Federal ownership which were obtained by the Government in exchange for public lands or for timber on such lands; also original public domain lands which have reverted to Federal ownership through operation of the public land laws.

(i) Acquired lands. Lands which the United States obtains by deed through purchase or gift, or through condemnation proceedings. They are distinguished from public domain lands in that acquired may or may not have been originally owned by the Government. If originally owned by the Government such lands have been disposed of (patented) under the public land laws and thereafter reacquired by the United States.

(j) Other lands-(1) Withdrawn lands. Lands which have been withdrawn and dedicated to public purposes.

(2) Reserved lands. Lands which have been withdrawn from disposal and dedicated to a specific public purpose.

(3) Segregated lands. Lands included in a withdrawal or in an application or entry which segregates them from operation of the public land laws.

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18 U.S.C. 1001 makes it a crime for any person knowingly and wilfully to submit or cause to be submitted to any agency of the United States any false or fraudulent statements as to any matter within its jurisdiction.

§ 3000.3 Unlawful interests.

(Officer, agent, or employee of the Department-See 43 CFR Part 7) (Member of Congress-See R.S. 3741; 41 U.S.C. sec. 22; and 18 U.S.C. secs. 431, 432, and 433.) § 3000.4 Appeals and contests.

Any person adversely affected by any official action or decision of any subordinate official may appeal therefrom to the Director and from the Director's decision to the Secretary. All appeals shall be governed by the rules of practice in Parts 1840 and 1850 of this chapter. Nothing in this group shall be construed to prevent any interested party from seeking judicial review as authorized by law.

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The purpose of the regulations in this Subpart 3045 is to establish procedures to be followed in conducting exploration of the public land for oil and gas. For exploratory operations for other leasable minerals, the lease or permit required by the appropriate regulations must be secured. The regulations in this subpart are not applicable to exploration operations conducted pursuant to oil and gas lease, and also are not applicable to the exploration of public domain lands for minerals subject to location under the U.S. mining laws.

§ 3045.0-5

Definitions.

For the purpose of the regulations in this subpart:

(a) "Oil and gas exploration" means any activity relating to the search for evidence of oil and gas which requires physical presence upon the land and which may result in damage to public lands or resources thereon. It includes, but is not limited to, geophysical operations, construction of roads and trails, and cross-country transit by vehicle over public domain. It does not include the casual use of public lands for oil and gas exploration. It does not include core drilling for subsurface geologic information or drilling for oil and gas; these activities will only be authorized by the issuance of an oil and gas lease. The regulations in this subpart, however, are not intended to prevent drilling operations necessary for placing explosive charges for seismic exploration, nor do they affect the exclusive right to "drill” for oil and gas by a lessee upon his leased premises.

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(b) "Public lands" means lands owned by the United States and administered by the Bureau of Land Management. It does not include retained mineral interest in lands, title to which has passed from the United States.

(c) "Casual use" means activities that involve practices which do not ordinarily lead to any appreciable disturbance or damage to lands, resources, and improvements. For example, activities which do not involve use of heavy equipment or explosives and which do not involve vehicle movement except over established roads and trails are "casual use."

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§ 3045.1 Notice of intent to conduct oil and gas operations.

§ 3045.1-1 Application.

(a) Forms and where filed. Any person desiring to conduct oil and gas exploration operations under the regulations of this subpart shall, prior to entry upon the lands, file with the District Manager of the Bureau of Land Management for the district in which the public lands are located a "Notice of Intent to Conduct Oil and Gas Exploration Operations," on a form approved by the Director.

(b) Requirements. The "Notice of Intent to Conduct Oil and Gas Exploration Operations" will contain the following:

(1) The name and address, including zip code, both of the person, association, or corporation for whom the operations will be conducted and of the person who will be in charge of the actual exploration activities.

(2) A statement that the signers agree that exploration operations will be conducted pursuant to the terms and conditions listed on the approved form.

(3) A brief description of the type of operations which will be undertaken. (4) A description of the lands to be explored, by township and range.

(5) Approximate date of commencement of operations. § 3045.2

Completion of operations. Upon completion of the exploratory operations, there shall be filed with the District Manager a "Notice of Completion of Oil and Gas Exploration Operations". Within 90 days after the filing of such "Notice of Completion", the District Manager shall notify the party who

had conducted the operations whether all of the terms and conditions set out by the regulations in this subpart and in the "Notice of Intent to Conduct Oil and Gas Exploration Operations" have been complied with, or whether any additional measures must be taken to rectify any damage to the land, specifying the nature and extent thereof.

§ 3045.3 Bond requirements.

(a) Amount of bond and when filed (see 3104.9).

(b) Termination of period of liability (see 3104.9-5).

Group 3100-Oil and Gas Leasing

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SUBCHAPTER C-MINERALS MANAGEMENT (3000)

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SOURCE: The provisions of this Subpart 3000 appear at 35 F.R. 9669, June 13, 1970, unless otherwise noted.

§ 3000.0-5 Definitions.

(a) Leasable minerals. (1) Oil and gas. (i) Gas, any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at ordinary temperature and pressure conditions.

(ii) Oil, crude oil, any liquid hydrocarbon substance which occurs naturally in the earth, including drip gasoline or other natural condensates recovered from gas, without resort to manufacturing process.

(b) Other leasable. (1) Coal, chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium and sodium; sulphur in the States of Louisiana and New Mexico; phosphate; and native asphalt, solid and semisolid bitumen and bituminous rock (including oil impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried).

(2) Solid (hardrock) minerals; minerals in acquired lands which would be subject to location under the U.S. mining laws if located in the public domain lands.

(c) Secretary. The Secretary of the Interior or any person duly authorized to exercise the powers vested in that officer.

(d) Director. The Director of the Bureau of Land Management or any person duly authorized to exercise the powers vested in that officer.

(e) State Director. The director of a Bureau of Land Management State office.

(f) Land Office Manager. The manager in charge of a land office.

(g) Land Office (place of filing). The land office of the Bureau of Land Management for the State or part of a State in which the lands covered by a permit, lease, application, or entry, or application for such, are situated.

(h) Public domain lands. Original public domain lands which have never left Federal ownership; also, lands in Federal ownership which were obtained by the Government in exchange for public lands or for timber on such lands; also original public domain lands which have reverted to Federal ownership through operation of the public land laws.

(i) Acquired lands. Lands which the United States obtains by deed through purchase or gift, or through condemnation proceedings. They are distinguished from public domain lands in that acquired may or may not have been originally owned by the Government. If originally owned by the Government such lands have been disposed of (patented) under the public land laws and thereafter reacquired by the United States.

(j) Other lands-(1) Withdrawn lands. Lands which have been withdrawn and dedicated to public purposes.

(2) Reserved lands. Lands which have been withdrawn from disposal and dedicated to a specific public purpose.

(3) Segregated lands. Lands included in a withdrawal or in an application or entry which segregates them from operation of the public land laws.

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