43 C.F.R. Subpart 3510—Noncompetitive Leasing: Fringe Acreage Leases and Lease Modifications
Title 43 - Public Lands: Interior
Yes. If the adjoining Federal lands are available for leasing, you may lease them noncompetitively, even if they are known to contain a deposit of the mineral you are interested in leasing. We will either issue a new lease for these lands (fringe acreage) or add the lands to your existing Federal lease (modification). (a) File three copies of your application with the BLM office that administers the lands. No specific application form is required. (b) Include a non-refundable filing fee of $25, and an advance rental payment in accordance with the rental rate for the mineral commodity you are seeking. If you want to modify an existing lease, BLM will base the rental payment on the rate in effect for the lease being modified. (c) Your application must: (1) Show the serial number of the lease if the lands adjoin an existing Federal lease; (2) Contain a complete and accurate description of the lands desired; (3) Show that the mineral deposit specified in your application extends from your adjoining lease or from private lands you own or control; and (4) Include proof that you own or control the mineral deposit in the adjoining lands if they are not under a Federal lease. We will issue or modify a lease under this subpart only if we determine that: (a) The lands are contiguous to your existing Federal lease or to non-Federal lands you own or control; (b) The new fringe lease does not exceed the maximum size allowed in a lease, as specified in §3503.37 of this part; (c) The acreage of the modified lease, including additional lands, is not in excess of the maximum size allowed for a lease, as specified in §3503.37 of this part; (d) The mineral deposit is not in an area of competitive interest to holders of other active mining units in the area; (e) The lands for which you applied lack sufficient reserves of the mineral resource to warrant independent development; (f) Leasing the lands will conserve natural resources and will provide for economical and efficient recovery as part of a mining unit; and (g) You meet the qualification requirements for holding a lease described in subpart 3502 of this title and the new or modified lease will not cause you to exceed the acreage limitations described in §3503.37 of this part. Yes. Before BLM issues a new fringe acreage lease or modifies your existing lease, you must pay a bonus in an amount we will determine based on an appraisal or other appropriate means. The bonus cannot be less than $1 per acre or fraction of an acre. Your fringe acreage lease is a new Federal lease. Therefore, we may impose terms and conditions different from those in your original Federal lease. A modified lease will be subject to the same terms and conditions as in the original Federal lease.
Title 43: Public Lands: Interior
PART 3500—LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
Subpart 3510—Noncompetitive Leasing: Fringe Acreage Leases and Lease Modifications
§ 3510.11 If I already have a Federal lease, or the mineral rights on adjacent private lands, may I lease adjoining Federal lands that contain the same deposits without competitive bidding?
§ 3510.12 What must I do to obtain a lease modification or fringe acreage lease?
§ 3510.15 What will BLM do with my application?
§ 3510.20 Do I have to pay a fee to modify my existing lease or obtain a fringe acreage lease?
§ 3510.21 What terms and conditions apply to fringe acreage leases and lease modifications?
