43 C.F.R. Subpart 3502—Qualification Requirements
Title 43 - Public Lands: Interior
You may hold an interest in permits or leases under this part only if you meet the requirements of 30 U.S.C. 184. You must be: (a) An adult citizen of the United States; (b) An association (including partnerships and trusts) of such citizens; (c) A corporation organized under the laws of the United States or of any U.S. State or territory; (d) A legal guardian of a minor United States citizen; (e) A trustee of a trust where the beneficiary is a minor but the trustee is qualified to hold a permit or lease; or (f) any other person authorized to hold a lease under 30 U.S.C. 184. No. However, foreign citizens may hold stock in United States corporations that hold leases or permits if the laws, customs, or regulations of their country do not deny similar privileges to citizens or corporations of the United States. Yes. If you are a member of Congress or an employee of the Department of the Interior, except as provided in part 20 of this title, you may not acquire or hold any Federal lease, or lease interest. (Officer, agent or employee of the Department-see part 20 of this title; Member of Congress-see R.S. 3741; 41 U.S.C. 22; 18 U.S.C. 431–433). Also, BLM may not issue any lease or permit which causes a conflict of interest. See 5 CFR part 2635. BLM will not issue you a lease or renew your lease, or approve a transfer of any lease or interest in a lease for you unless you are complying with section 2(a)(2)(A) of the Mineral Leasing Act (30 U.S.C. 201(2)(A)) for any of your existing leases that are subject to that provision. For Federal coal leases, BLM will determine compliance under §3472.1–2(e) of this title. If BLM issues you a lease when you are in violation of section 2(a)2(A), BLM must void your lease under §3514.30(b).
Title 43: Public Lands: Interior
PART 3500—LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
Subpart 3502—Qualification Requirements
Lease Qualifications
§ 3502.10 Who may hold permits and leases?
§ 3502.13 May foreign citizens hold permits or leases?
§ 3502.15 Are there any additional restrictions on holding leases or interests in leases?
§ 3502.20 Will BLM issue a lease to me if I am not complying with the diligence requirements of the Mineral Leasing Act?
How To Show Lease Qualifications
§ 3502.25 Where do I file evidence that I am qualified to hold a permit or lease?
You must file evidence with BLM that you meet the qualification requirements in this subpart. You may file this evidence separately from your permit or lease application, but file it in the same office as your application.
§ 3502.26 May I supplement or update my qualifications statement?
After we accept your qualifications, you may send additional information to the same BLM office by referring to the serial number of the record in which your evidence is filed. All changes to your qualifications statement must be in writing. You must make sure that your evidence is current, accurate and complete.
§ 3502.27 If I am an individual, what information must I give BLM in my qualifications statement?
If you are an individual, send us a signed statement showing that:
(a) You are a U.S. citizen; and
(b) Your acreage holdings do not exceed the limits in §3503.37 of this part. This includes your holdings through a corporation, association, or partnership in which you are the beneficial owner of more than 10% of the stock or other instruments of control.
§ 3502.28 If I am an association or a partnership, what information must I give BLM in my qualifications statement?
Send us:
(a) A signed statement setting forth:
(1) The names, addresses, and citizenship of all members who own or control 10 percent or more of the association or partnership;
(2) The names of the members authorized to act on behalf of the association or partnership; and
(3) That the association or partnership's acreage holdings for the particular mineral concerned do not exceed the acreage limits in §3503.37 of this part.
(b) A copy of the articles of the association or the partnership agreement.
§ 3502.29 If I am a guardian or trustee for a trust holding on behalf of a beneficiary, what information must I give BLM in my qualifications statement?
Send us:
(a) A signed statement setting forth:
(1) The beneficiary's citizenship;
(2) Your citizenship;
(3) The grantor's citizenship, if the trust is revocable; and
(4) That the acreage holdings of the beneficiary, the guardian or trustee, or the grantor, if the trust is revocable, cumulatively do not exceed the acreage limitations in §3503.37 of this part; and
(b) A copy of the court order or other document authorizing or creating the trust or guardianship.
§ 3502.30 If I am a corporation, what information must I give BLM in my qualifications statement?
A corporate officer or authorized attorney-in-fact must send BLM a signed statement stating:
(a) The State or territory of incorporation;
(b) The name and citizenship of, and percentage of stock owned, held, or controlled by, any stockholder owning, holding, or controlling more than 10 percent of the stock of the corporation;
(c) The names of the officers authorized to act on behalf of the corporation; and
(d) That the corporation's acreage holdings, and those of any stockholder identified under paragraph (b) of this section, do not exceed the acreage limitations in §3503.37 of this part.
Special Situations and Additional Concerns
§ 3502.33 If I represent an applicant as an attorney-in-fact, do I have to submit anything to BLM?
Yes. Send us evidence of your authority to act on behalf of the applicant, and a statement of the applicant's qualifications and acreage holdings if you are empowered to make this statement. Otherwise, the applicant must send us this information separately.
§ 3502.34 What must I submit if there are other parties in interest?
If you are not the sole party in interest in an application for a permit or lease, include with your application the names of all other parties who hold or will hold any interest in the application or in the permit or lease when BLM issues it. All interested parties must show they are qualified to hold permit or lease interests.
§ 3502.40 What happens if an applicant or successful bidder for a permit or lease dies before the permit or lease is issued?
(a) If probate of the estate has been completed or is not required, BLM will issue the permit or lease to the heirs or devisees, or their guardian. We will recognize the heirs or devisees or their guardian as the record title holders of the permit or lease. They must send us:
(1) A certified copy of the will or decree of distribution, and if no will or decree exists, a statement signed by the heirs that they are the only heirs and citing the provisions of the law of the deceased's last domicile showing that no probate is required; and
(2) A statement signed by each of the heirs or devisees with reference to citizenship and holdings similar to that required by §3502.27 of this part. If the heir or devisee is a minor, the guardian or trustee must sign the statement.
(b) If probate is required but has not been completed, BLM will issue the permit or lease to the executor or administrator of the estate. BLM considers the executor or administrator as the record title holder of the permit or lease. He or she must send:
(1) Evidence that the person who, as executor or administrator, submits lease and bond forms has authority to act in that capacity and to sign those forms;
(2) Evidence that the heirs or devisees are the only heirs or devisees of the deceased; and
(3) A statement signed by each heir or devisee concerning citizenship and holdings, as required by §3502.27 of this part.
§ 3502.41 What happens to a permit or lease if the permittee or lessee dies?
If the permittee or lessee dies, BLM will recognize as the record title holder of the permit or lease:
(a) The executor or administrator of the estate, if probate is required but has not been completed and they have filed the evidence required by §3502.40(b) of this part; or
(b) The heirs or devisees, if probate has been completed or is not required, if they have filed evidence required by §3502.40(a) of this part.
§ 3502.42 What happens if the heir is not qualified?
We will allow unqualified heirs to hold ownership in a lease or permit for up to two years. During that period, the heir must either become qualified or divest himself or herself of the interest.
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