43 C.F.R. Subpart 3452—Relinquishment, Cancellation, and Termination
Title 43 - Public Lands: Interior
Title 43: Public Lands: Interior
PART 3450—MANAGEMENT OF EXISTING LEASES
Subpart 3452—Relinquishment, Cancellation, and Termination
§ 3452.1 Relinquishment.
§ 3452.1-1 General.
The lessee may surrender the entire lease, a legal subdivision thereof, an aliquot part thereof (not less than 10 acres) or any bed of the coal deposit therein. A partial relinquishment shall describe clearly the surrendered parcel or coal deposits and give the exact acreage relinquished. If the authorized officer accepts the relinquishment of any coal deposits in a lease, the coal reserves shall be adjusted in accordance with part 3480 of this title.
[47 FR 33147, July 30, 1982, as amended at 50 FR 8627, Mar. 4, 1985]
§ 3452.1-2 Where filed.
A relinquishment shall be filed in triplicate by the lessee in the Bureau of Land Management State Office having jurisdiction over the lands involved (43 CFR subpart 1821).
§ 3452.1-3 Acceptance.
The effective date of the lease relinquishment shall, upon approval by an authorized officer, be the date on which the lessee filed the lease relinquishment. No relinquishment shall be approved until the authorized officer determines that the relinquishment will not impair the public interest, that the accrued rentals and royalties have been paid and that all the obligations of the lessee under the regulations and terms of the lease have been met.
[47 FR 33147, July 30, 1982]
§ 3452.2 Cancellation.
§ 3452.2-1 Cause for cancellation.
(a) The authorized officer, after compliance with §3452.2–2 of this title, may take the appropriate steps to institute proceedings in a court of competent jurisdiction for the cancellation of the lease if the lessee: (1) Fails to comply with the provisions of the Mineral Leasing Act of 1920, as amended; (2) fails to comply with any applicable general regulations; or (3) defaults in the performance of any of the terms, covenants, and stipulations of the lease.
(b) Any lease issued before August 4, 1976, on which the lessee does not meet the diligent development requirements or any lease whenever issued on which the lessee does not meet the continued operation requirements shall be subject to cancellation in whole or in part. In deciding whether to initiate lease cancellation proceedings under this subsection, the Secretary shall not consider adverse circumstances which arise out of (1) normally foreseeable costs of compliance with requirements for environmental protection; (2) commonly experienced delays in delivery of supplies or equipment; or (3) inability to obtain sufficient sales.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33147, July 30, 1982]
§ 3452.2-2 Cancellation procedure.
The lessee shall be given notice of any default, breach or cause of forefeiture and be afforded 30 days to correct the default, to request an extension of time in which to correct the default, or to submit evidence showing why the lease should not be cancelled. The Governor of the affected State(s) shall be given reasonable notice of action taken by the Department of the Interior to initiate cancellation of the lease.
[44 FR 42635, July 19, 1979, as amended at 48 FR 37656, Aug. 19, 1983]
§ 3452.3 Termination.
(a) Any lease issued or readjusted after August 4, 1976, shall be terminated if the lessee does not meet the diligent development requirements.
(b) Should a lease be relinquished, cancelled or terminated for any reason, all deferred bonus payments shall be immediately payable and all rentals and royalties, including advance royalties, already paid or due, shall be forfeited to the United States.
[44 FR 42635, July 19, 1979, as amended at 47 FR 33147, July 30, 1982]
Browse Previous | Browse Next
