43 CFR 3101.8 - State's or charitable organization's ownership of surface overlying Federally-owned minerals.

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§ 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 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]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 181 - Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

§ 182 - Lands disposed of with reservation of deposits of coal, etc.

§ 183 - Cancellation of prospecting permits

§ 184 - Limitations on leases held, owned or controlled by persons, associations or corporations

§ 184a - Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States

§ 185 - Rights-of-way for pipelines through Federal lands

§ 186 - Reservation of easements or rights-of-way for working purposes; reservation of right to dispose of surface of lands; determination before offering of lease; easement periods

§ 187 - Assignment or subletting of leases; relinquishment of rights under leases; conditions in leases for protection of diverse interests in operation of mines, wells, etc.; State laws not impaired

§ 187a - Oil or gas leases; partial assignments

§ 187b - Oil or gas leases; written relinquishment of rights; release of obligations

§ 188 - Failure to comply with provisions of lease

§ 188a - Surrender of leases

§ 189 - Rules and regulations; boundary lines; State rights unaffected; taxation

§ 190 - Oath; requirement; form; blanks

§ 191 - Disposition of moneys received

§ 191a - Late payment charges under Federal mineral leases

§ 191b - Collection of unpaid and underpaid royalties and late payment interest owed by lessees

§ 192 - Payment of royalties in oil or gas; sale of such oil or gas

§ 192a - Cancellation or modification of contracts

§ 192b - Application to contracts

§ 192c - Rules and regulations governing issuance of certain leases; disposition of receipts

§ 193 - Disposition of deposits of coal, and so forth

§ 193a - Preference right of United States to purchase coal for Army and Navy; price for coal; civil actions; jurisdiction

§ 194 - Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644

§ 195 - Enforcement

§ 196 - Cooperative agreements; delegation of authority

§ 351 - Definitions

§ 352 - Deposits subject to lease; consent of department heads; lands excluded

§ 353 - Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval petroleum reserves unaffected

§ 354 - Lease of partial or future interests in deposits

§ 355 - Disposition of receipts

§ 356 - Furnishing description of lands and title documents; recordation of documents; authenticated copies

§ 357 - State or local government rights; taxation

§ 358 - Rights under prior leases; priority of pending applications; exchange of leases

§ 359 - Rules and regulations

§ 1713 - Required recordkeeping

§ 1751 - Secretarial authority

U.S. Code: Title 43 - PUBLIC LANDS
Public Laws