43 CFR 3427.2 - Procedures.

§ 3427.2 Procedures.


(1) Each written consent or evidence of written consent shall be filed with the appropriate Bureau of Land Management State office ( 43 CFR subpart 1821). For lands offered for lease sale pursuant to subpart 3420 of this title, consents or written evidence thereof shall be filed on or before a date prior to the lease sale specified in a notice published in the Federal Register. For lands offered for lease sale pursuant to subpart 3425 of this title, consents or written evidence thereof shall be filed prior to the posting of the lease sale notice.

(2) Statement of refusal to consent shall be filed with the appropriate Bureau of Land Management State Office, but such statement shall be accepted for filing only during activity planning.

(b) Written consent, evidence of written consent, or statement of refusal to consent may be filed by any private person or persons with a potential interest in the lease sale of split estate lands.

(c) Such filing shall, at a minimum, contain the present legal address of the qualified surface owner, and the name, ownership, interest, if any, and legal address of the party making the filing, and if it is a written consent or evidence thereof, a copy of the written consent or evidence thereof.

(d) The authorized officer shall verify that the written consent or evidence of such consent meets all of the following requirements, and that the statement of refusal to consent meets the requirements of paragraphs (d)(2) and (3) of this section:

(1) The right to enter and commence mining is transferable to whoever makes the successful bid in a lease sale for a tract which includes the lands to which the consent applies. A written consent shall be considered transferable only if it provides that after the lease sale for the tract to which the consent applies:

(i) The successful bidder shall assume all rights and obligations of the holder of the consent, including the obligation to make all payments to the grantor of the consent and to reimburse the holder of the consent for all money previously paid to the grantor under the consent contract; and

(ii) Neither the holder nor the grantor of the consent has any right under the consent contract to prevent the successful bidder from assuming the rights and obligations of the holder of the consent by imposing additional costs or conditions or otherwise;

(2) The named surface owner is a qualified surface owner as defined in § 3400.0-5(gg) of this title; and

(3) The title for all split estate lands described in the filing is held by the named qualified surface owners.

(e) Upon receipt of a filing from anyone other than the named qualified surface owner, the authorized officer shall contact the named qualified surface owner and request his confirmation in writing that the filed, written consent or evidence thereof to enter and commence mining has been granted, and that the filing fully discloses all of the terms of the written consent, or that the refusal to consent is accurate.

(f) The applicable conditions of paragraphs (d) and (e) of this section shall be met prior to the lease sale for lands to which the consents apply.

(g) The authorized officer shall in all cases notify the person or persons filing the written consent, evidence of written consent, or statement of refusal to consent of the results of the review of the filing, including any request for additional information needed to satisfy the requirements of this subpart in cases where insufficient information was supplied with the original filing.

(h) The purchase price of any applicable written consent from a qualified surface owner submitted and verified prior to posting of the notice of lease sale shall be included with the description of the tract(s) in the notice of lease sale, and the other terms of the consent shall be included in the detailed statement of the sale for the tract(s). Any consent filed after posting of the notice of lease sale shall be placed in the official file for the lease tract(s) to which the consent applies and shall be available for inspection by the public in the appropriate Bureau of Land Management State office ( 43 CFR subpart 1821).

(i) Any statement of refusal to consent shall be treated as controlling until the activity planning cycle that includes the area covered by the refusal to consent is repeated or the surface estate is sold. When an activity planning cycle is initiated, the qualified surface owner shall be notified that his/her prior statement of refusal has expired and shall be given the opportunity to submit another statement.

(j) If the surface owner fails to provide evidence of qualifications in response to surface owner consultation or to a written request for such evidence, and if the authorized officer is unable to independently determine whether or not the surface owner is qualified, the authorized officer shall presume that the surface owner is unqualified. The authorized officer shall notify the surface owner in writing of this determination and shall provide the surface owner an opportunity to appeal the determination.

(k) Any surface owner determined to be unqualified by decision of the field official of the surface management agency shall have 30 days from the date of receipt of such decision in which he/she may appeal the decision to the appropriate State Director of the Bureau of Land Management. The surface owner shall have the right to appeal the State Director's decision to the Director, Bureau of Land Management, within 30 days of receipt of that decision. Both appeals under this paragraph shall be in writing. As an exception to the provisions of § 3000.4 of this title, the decision of the Director shall be the final administrative action of the Department of the Interior.

[ 44 FR 42615, July 19, 1979, as amended at 47 FR 33142, July 30, 1982; 48 FR 37656, Aug. 19, 1983]

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
U.S. Code: Title 15 - COMMERCE AND TRADE

§ 631 - Declaration of policy

§ 631a - Congressional declaration of small business economic policy

§ 631b - Reports to Congress; state of small business

§ 631c - Small Business Manufacturing Task Force

§ 632 - Definitions

§ 633 - Small Business Administration

§ 633a - Detailed justification for proposed changes in budget requests

§ 634 - General powers

§ 634a - Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy

§ 634b - Primary functions of Office of Advocacy

§ 634c - Additional duties of Office of Advocacy

§ 634d - Staff and powers of Office of Advocacy

§ 634e - Assistance of Government agencies

§ 634f - Reports

§ 634g - Budgetary line item and authorization of appropriations

§ 635 - Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employees’ compensation funds

§ 636 - Additional powers

§ 636a - Repealed. Pub. L. 97–35, title XIX, § 1917, Aug. 13, 1981, 95 Stat. 781

§ 636b - Disaster loan interest rates

§ 636c - Age of applicant for disaster loans

§ 636d - Disaster aid to major sources of employment

§ 636e - Definitions

§ 636f - Coordination of efforts between the Administrator and the Internal Revenue Service to expedite loan processing

§ 636g - Development and implementation of major disaster response plan

§ 636h - Disaster planning responsibilities

§ 636i - Small business bonding threshold

§ 636j - Expedited disaster assistance loan program

§ 636k - Reports on disaster assistance

§ 637 - Additional powers

§ 637a - Repealed. Pub. L. 89–409, § 3(b), May 2, 1966, 80 Stat. 133

§ 637b - Availability of information

§ 637c - Definitions

§ 637d - Subcontracting plan reports

§ 638 - Research and development

§ 638a - GAO study with respect to venture capital operating company, hedge fund, and private equity firm involvement

§ 638b - Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse

§ 639 - Reporting requirements and agency cooperation

§ 639a - Review of loan program; submission of estimated needs for additional authorization

§ 640 - Voluntary agreements among small-business concerns

§ 641 - Transfer to Administration of other functions, powers, and duties

§ 642 - Requirements for loans

§ 643 - Fair charge for use of Government-owned property

§ 644 - Awards or contracts

§ 644a - Small Business Procurement Advisory Council

§ 645 - Offenses and penalties

§ 645a - Annual report on suspensions and debarments proposed by Small Business Administration

§ 646 - Liens

§ 647 - Duplication of activities of other Federal departments or agencies

§ 648 - Small business development center program authorization

§ 648a - Repealed. Pub. L. 102–140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826

§ 648b - Grants for SBDCs

§ 649 - Office of International Trade

§ 649a - Omitted

§ 649b - Grants, contracts and cooperative agreements for international marketing programs

§ 649c - Authorization of appropriations

§ 649d - Central information clearinghouse

§ 650 - Supervisory and enforcement authority for small business lending companies

§ 651 - National small business tree planting program

§ 652 - Central European Enterprise Development Commission

§ 653 - Office of Rural Affairs

§ 654 - Paul D. Coverdell drug-free workplace program

§ 655 - Pilot Technology Access Program

§ 656 - Women’s business center program

§ 657 - Oversight of regulatory enforcement

§ 657a - HUBZone program

§ 657b - Veterans programs

§ 657c - Repealed. Pub. L. 112–239, div. A, title XVI, § 1699(a), Jan. 2, 2013, 126 Stat. 2092

§ 657d - Federal and State Technology Partnership Program

§ 657e - Mentoring Networks

§ 657f - Procurement program for small business concerns owned and controlled by service-disabled veterans

§ 657g - Participation in federally funded projects

§ 657h - Small business energy efficiency

§ 657i - Coordination of disaster assistance programs with FEMA

§ 657j - Information tracking and follow-up system for disaster assistance

§ 657k - Disaster processing redundancy

§ 657l - Comprehensive disaster response plan

§ 657m - Plans to secure sufficient office space

§ 657n - Immediate Disaster Assistance program

§ 657o - Annual reports on disaster assistance

§ 657p - Outreach regarding health insurance options available to children

§ 657q - Consolidation of contract requirements

§ 657r - Mentor-protege programs

§ 657s - Limitations on subcontracting


§ 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

§ 521 - Mineral leasing claims

§ 522 - Conflicting periods of location of claims

§ 523 - Uranium leases

§ 524 - Reservation of minerals to United States

§ 525 - Future location of claims on mineral lands

§ 526 - Mining and Leasing Act operations

§ 527 - Determination of unpatented mining claims

§ 528 - Waiver and relinquishment of mineral rights

§ 529 - Helium lands subject to entry

§ 530 - Definitions

§ 531 - Approval of United States officials

§ 1201 - Congressional findings

§ 1202 - Statement of purpose

U.S. Code: Title 43 - PUBLIC LANDS
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