43 C.F.R. Subpart 3514—Lease Relinquishments and Cancellations
Title 43 - Public Lands: Interior
If you can show, to BLM's satisfaction, that the public interest will not be impaired, you may relinquish your entire lease or any legal subdivision of it. Notify us in writing that you intend to relinquish all or part of your lease. Include your original signature and date. If we approve your relinquishment, you are required to pay all accrued rentals and royalties, and to perform any reclamation of the leased lands that BLM may require. In some cases, BLM may require you to preserve any mines, productive works or permanent improvements on the leased lands in accordance with the terms of your lease. Any partial relinquishment must also clearly describe the lands you are relinquishing and give the exact area involved. File the relinquishment in the BLM office that issued the lease. When BLM approves your relinquishment, it will be effective as of the date you filed it. We will accept your relinquishment when you have met all terms and conditions of the lease, including reclamation obligations.
Title 43: Public Lands: Interior
PART 3500—LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
Subpart 3514—Lease Relinquishments and Cancellations
Relinquishing Your Lease
§ 3514.11 May I relinquish my lease or any part of my lease?
§ 3514.12 What additional information should I include in a request for partial relinquishment?
§ 3514.15 Where do I file my relinquishment?
§ 3514.20 When is my relinquishment effective?
§ 3514.21 When will BLM approve my relinquishment?
Cancellations, Forfeitures, and Other Situations
§ 3514.25 When does my lease expire?
(a) Sodium, sulphur, asphalt, and hardrock mineral leases expire at the end of the lease term. If you file a timely application for lease renewal under §3511.27 of this part, your lease expires on the expiration date or the date BLM rejected your application, whichever is later.
(b) Potassium, phosphate and gilsonite leases continue for so long as you comply with the lease terms and conditions which are subject to periodic readjustment.
(c) For more information, see §3511.15 of this part.
§ 3514.30 May BLM cancel my lease?
(a) Yes. BLM may institute appropriate proceedings in a court of competent jurisdiction to cancel your lease if:
(1) You do not comply with the provisions of the Mineral Leasing Act, other relevant statutes, or regulations applicable to your lease; or
(2) You default on any of the lease terms, covenants or stipulations and continue to fail or default for 30 days after BLM notifies you in writing of your default.
(b) BLM may cancel your lease administratively if we issued it in violation of any law or regulation. In such a case, we may consider issuing an amended lease, if appropriate.
§ 3514.31 May BLM waive cancellation or forfeiture?
Yes, but our waiver of any particular cause of forfeiture will not prevent us from canceling and forfeiting the lease for any other cause or for the same cause occurring at any other time.
§ 3514.32 Will BLM give me an opportunity to remedy a violation of the lease terms?
(a) If you own or control, directly or indirectly, an interest in a lease in violation of any of the provisions of the Mineral Leasing Act, other relevant statutes, the lease terms or the regulations in this part, we will give you 30 days to remedy the violation or to show cause why we should not ask the Attorney General to institute court proceedings to:
(1) Cancel the lease;
(2) Forfeit your interest; or
(3) Compel disposal of the interest so owned or controlled.
(b) BLM will not give you 30 days if there is no legal remedy to the violation.
§ 3514.40 What if I am a bona fide purchaser and my lease is subject to cancellation?
(a) If you are a bona fide purchaser, BLM will not cancel your lease or your interest in a lease based on your predecessor's actions. However, you must be sure that the lease is in compliance with the terms and conditions required by BLM.
(b) BLM will promptly take action to dismiss any party who shows they are a bona fide purchaser from any legal proceedings to cancel the lease.
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