43 C.F.R. Subpart 3216—Transfers


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior
PART 3200—GEOTHERMAL RESOURCE LEASING

Browse Previous |  Browse Next

Subpart 3216—Transfers

§ 3216.10   What types of lease interests may I transfer?

You may transfer record title or operating rights, but you need our approval before your transfer is effective. See 43 CFR 3216.21.

§ 3216.11   Where must I file a transfer request?

File your transfer in the BLM State Office that handles your lease.

§ 3216.12   When does a transferee take responsibility for lease obligations?

Once we approve your transfer, the transferee becomes responsible for performing all lease obligations accrued after the date of the transfer, and for plugging and abandoning wells which exist and are not plugged at the time of the transfer.

§ 3216.13   What are my responsibilities after I transfer my interest?

You will still be responsible for rents, royalties, compensatory royalties and other obligations accrued before your transfer became effective. You must also plug and abandon any wells drilled or existing on the lease while you held your interest.

§ 3216.14   What fees and forms does a transfer require?

With each transfer request send us the correct form, if required, and pay the transfer processing fee found in the fee schedule in §3000.12 of this chapter. When you calculate your fee, make sure it covers the full amount. For example, if you are transferring record title for three leases, submit 3 times the listed fee with the application. Use the following chart to determine forms and fees:

 ----------------------------------------------------------------------------------------------------------------                                       Specific form                                          Transfer fee (per           Type of form                  required         Form No.      Number of copies           lease)----------------------------------------------------------------------------------------------------------------(a) Record title..................  Yes...............       3000-3  2 executed copies....  As found in the fee                                                                                             schedule in §                                                                                             3000.12 of this                                                                                             chapter.(b) Operating rights..............  Yes...............    3000-3(a)  2 executed copies....  As found in the fee                                                                                             schedule in §                                                                                             3000.12 of this                                                                                             chapter.(c) Estate transfers..............  No................          N/A  1 List of Leases.....  As found in the fee                                                                                             schedule in §                                                                                             3000.12 of this                                                                                             chapter.(d) Corporate mergers.............  No................          N/A  1 List of Leases.....  As found in the fee                                                                                             schedule in §                                                                                             3000.12 of this                                                                                             chapter.(e) Name changes..................  No................          N/A  1 List of Leases.....  As found in the fee                                                                                             schedule in §                                                                                             3000.12 of this                                                                                             chapter.----------------------------------------------------------------------------------------------------------------

[70 FR 58876, Oct. 7, 2005]

§ 3216.15   When must I file my transfer request?

(a) File a transfer request to transfer record title or operating rights within 90 days after you sign an agreement with the transferee. If we receive your request more than 90 days after signing, we may require you to re-certify that you still intend to complete the transfer.

(b) There is no specific time deadline for filing estate transfers, corporate mergers, and name changes. Just file them within a reasonable time.

§ 3216.16   Must I file separate transfer requests for each lease?

File two copies of separate requests for each lease for which you are transferring record title or operating rights. The only exception is, if you are transferring more than one lease to the same transferee, just file two copies of one transfer application.

§ 3216.17   Where must I file estate transfers, corporate mergers and name changes?

(a) If you have posted a bond for any Federal lease, file estate transfers, corporate mergers, and name changes in the BLM State Office that maintains your bond.

(b) If you have not posted a bond, file estate transfer, corporate merger and name change documents in each State Office having jurisdiction over the lease(s).

§ 3216.18   How do I describe the lands in my lease transfer?

(a) If you are transferring an interest in your entire lease, you do not need to give BLM a legal description of the land.

(b) If you are transferring an interest in a portion of your lease, describe the lands the same way they are described in the lease.

§ 3216.19   May I transfer record title interest for less than 640 acres?

Only when your transfer includes an irregular subdivision or all your lease in a section. We may make an exception to the minimum acreage requirements if needed to conserve the resource.

§ 3216.20   When does a transfer segregate a lease?

If you transfer 100 percent of the record title interest in a portion of your lease, BLM will segregate the transferred portion from the original lease and give it a new serial number with the same terms and conditions as those in the original lease.

§ 3216.21   When is my transfer effective?

Your transfer is effective the first day of the month after we approve it.

§ 3216.22   Does BLM grant all transfer requests?

No, we will not approve a transfer if:

(a) The lease account is not in good standing;

(b) The transferee does not qualify to hold a lease under this part; or

(c) An adequate bond has not been provided.

Browse Previous |  Browse Next

chanrobles.com