43 C.F.R. Subpart 3503—Areas Available for Leasing
Title 43 - Public Lands: Interior
No. The Secretary of the Interior may not lease lands on any of the following Federal areas: (a) Land recommended for wilderness allocation by the surface managing agency; (b) Lands within BLM wilderness study areas; (c) Lands designated by Congress as wilderness areas; and (d) Lands within areas allocated for wilderness or further planning in Executive Communication 1504, Ninety-Sixth Congress (House Document Number 96–119), unless such lands are allocated to uses other than wilderness by a land and resource management plan or have been released to uses other than wilderness by an act of Congress. Prospecting permits and leases for solid leasable and hardrock minerals are not available under this part for: (a) Lands within the boundaries of any unit of the National Park System, except as expressly authorized by law; (b) Lands within Indian Reservations, except the Uintah and Ouray Indian Reservation, Hillcreek Extension, State of Utah; (c) Lands within incorporated cities, towns and villages; (d) Lands within the National Petroleum Reserve-Alaska, oil shale reserves and national petroleum reserves; (e) Lands acquired by the United States for development of helium, fissionable material deposits or other minerals essential to the defense of the country, except leasable minerals; (f) Lands acquired by foreclosure or otherwise for resale; (g) Acquired lands reported as surplus under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.); (h) Any tidelands or submerged coastal lands within the continental shelf adjacent or littoral to any part of lands within the jurisdiction of the United States; (i) Lands within the Grand Staircase-Escalante National Monument; (j) Lands adjacent to or within Searles Lake, California, which are not available for potassium prospecting permits (BLM will lease potassium in this area by competitive bidding); and (k) Any other lands withdrawn from mineral leasing. You may get a sulphur permit or lease for public domain lands in the States of Louisiana and New Mexico or for Federal acquired lands nationwide, subject to the exceptions listed in §§3503.10 and 3503.11 of this part. Subject to the consent of the surface managing agency, you may obtain hardrock mineral permits and leases only in the following areas: (a) Lands identified in Reorganization Plan No. 3 of 1946, for which jurisdiction for mineral leasing was transferred to the Secretary of the Interior. These include lands originally acquired under the following acts: (1) 16 U.S.C. 520 (Weeks Act); (2) Title II of the National Industrial Recovery Act (40 U.S.C. 401, 403a and 408); (3) The 1935 Emergency Relief Appropriation Act (48 Stat. 115 and 118); (4) Section 55 of Title I of the Act of August 24, 1935 (49 Stat. 750 and 781); and (5) The Act of July 22, 1937 (7 U.S.C. 1011 (c) and 1018 (repealed), Bankhead-Jones Act). (b) Lands added to the Shasta National Forest by Act of March 19, 1948 (62 Stat. 83); (c) Public Domain Lands within the National Forests in Minnesota (16 U.S.C. 508 (b)); (d) Lands in New Mexico that are portions of Juan Jose Lobato Grant (North Lobato) and Anton Chica Grant (El Pueblo) as described in section 1 of the Act of June 28, 1952 (66 Stat. 285); (e) Lands in the Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity National Recreation Areas; (f) The following National Park Lands: (1) Lake Mead National Recreation Area; (2) Glen Canyon National Recreation Area; and (3) Lands in the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National Recreation Area; (g) Lands patented to the State of California for park or other purposes where minerals were reserved to the United States; and (h) White Mountains National Recreation Area, Alaska. You may get leases for asphalt only on certain Federal lands in Oklahoma identified by law. See 32 Stat. 654 (1902) and 58 Stat. 483 (1944). You may not obtain prospecting permits for asphalt. If you hold the remaining record title interest or operating rights interest in confirmed private land grants in New Mexico, you may obtain a lease for gold and silver reserved to the United States. See parts 3580 and 3581 of this chapter for leasing requirements. You may not get new leases or permits under these regulations; BLM will consider any new applications for sand and gravel under the regulations at part 3600 of this chapter. Also, beginning January 1, 2000, BLM will not renew any existing sand and gravel lease for certain lands the United States received under an exchange with the State of Nevada.
Title 43: Public Lands: Interior
PART 3500—LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
Subpart 3503—Areas Available for Leasing
Available Areas Under BLM Management
§ 3503.10 Are all Federal lands available for leasing under this part?
§ 3503.11 Are there any other areas in which I cannot get a permit or lease for the minerals covered by this part?
§ 3503.12 For what areas may I receive a sulphur permit or lease?
§ 3503.13 For what areas may I receive a hardrock mineral permit or lease?
§ 3503.14 For what areas may I get a permit or lease for asphalt?
§ 3503.15 May I lease the gold or silver reserved to the United States on land I hold under a private land claim in New Mexico?
§ 3503.16 May I obtain permits or leases for sand and gravel in Nevada under the terms of this part?
Available Areas Managed by Others
§ 3503.20 What if another Federal agency manages the lands I am interested in?
(a) Public domain lands. BLM will issue a permit or lease for public domain lands where the surface is administered by another Federal agency only after consulting with the surface management agency. Some laws applicable to public domain lands require us to obtain the consent of the surface management agency before we issue a lease or permit.
(b) Acquired lands. For all lands not subject to paragraph (a) of this section where the surface is managed by another Federal agency, we must have written consent from the surface management agency before we issue permits or leases. The surface management agency may request further information about surface disturbance and reclamation before granting its consent.
(c) Appeal. If a surface management agency refuses to consent or imposes conditions on your permit or lease, you may appeal its decision under that agency's appeal provisions. If you notify BLM within 30 days after receiving BLM's decision denying or conditioning your permit or lease that you have appealed the surface management agency's decision, we will suspend the time for filing an appeal under 43 CFR parts 4 and 1840 until the surface management agency's decision is final and not subject to further administrative or judicial review.
§ 3503.21 What happens if the surface of the land I am interested in belongs to a non-Federal political subdivision or charitable organization?
(a) BLM will notify the entity who owns the surface of the lands included within your permit or lease application if that entity is:
(1) Any State or political subdivision, agency or instrumentality thereof;
(2) A college or any other educational corporation or association; or
(3) A charitable or religious corporation or association.
(b) The entity who owns the surface of the lands in your application will have up to 90 days to suggest any lease stipulations to protect existing surface improvements or uses, or to object to the permit or lease. BLM will then decide whether to issue the permit or lease and which, if any, stipulations identified by the surface owner to include, based on how the interests of the United States would best be served.
§ 3503.25 When may BLM issue permits and leases for Federal minerals underlying private surface?
(a) The regulations in this part apply where the United States disposed of certain lands and those disposals reserved to the United States the right to prospect for, mine, and remove the minerals under applicable leasing laws and regulations.
(b) If the Federal Government acquires minerals through a deed, BLM will follow any special covenants in the deed relating to leasing or permitting.
§ 3503.28 Does BLM incorporate any special requirements to protect the lands and resources?
BLM will specify permit or lease stipulations to adequately use and protect the lands and their resources. This may include stipulations which are required by the surface managing agency, or which are recommended by the surface managing agency or non-federal surface owner and accepted by BLM. (See also part 3580 of this chapter.)
Land Descriptions
§ 3503.30 How should I describe surveyed lands or lands shown on protraction or amended protraction diagrams in states which are part of the Public Land Survey System?
Describe the lands by legal subdivision, section, township, and range.
§ 3503.31 How should I describe lands in states which are part of the Public Land Survey System but have not been surveyed and are not shown on a protraction or amended protraction diagram?
Describe such lands by metes and bounds in accordance with BLM standard survey practices for the public lands. Connect your description by courses and distances between successive angle points to an official corner of the public land survey system or, for accreted lands, to an angle point that connects to a point on an official corner of the public land survey system to which the accretions belong.
§ 3503.32 How should I describe acquired lands?
You may describe acquired lands by metes and bounds, or you may also use the description shown on the deed or other document that conveyed title to the United States. If you are applying for less than the entire tract acquired by the United States, describe the land using courses and distances tied to a point on the boundary of the requested tract. Where the acquiring agency assigned a tract number to the identical tract you wish to permit or lease, you may describe those lands by the tract number and include a map which clearly shows the lands with respect to the administrative unit or the project of which they are a part. In States outside of the public land survey system, you should describe the lands by tract number, and include a map.
§ 3503.33 Will BLM issue me a lease for unsurveyed lands?
No. All leased areas must be officially surveyed to BLM standards. If you are applying for a permit or lease on unsurveyed or protracted lands, you must pay for the survey. If BLM intends to issue a lease by competitive bidding, we will pay for surveying the lands.
Acreage Amounts
§ 3503.36 Are there any size or shape limitations on the lands I can apply for?
Generally, a quarter-quarter section, a lot or a protraction block is the smallest subdivision for which you may apply. The lands must be in reasonably compact form.
§ 3503.37 Is there a limit to the acreage of lands I can hold under permits and leases?
Yes. The limits are summarized in the following table:
---------------------------------------------------------------------------------------------------------------- Maximum acreage of Maximum acreage in Commodity Maximum acreage for a permits and leases in any permits and leases permit or lease one State nationwide----------------------------------------------------------------------------------------------------------------(a) Phosphate....................... 2,560 acres............ None..................... 20,480 acres.(b) Sodium.......................... 2,560 acres............ 5,120 acres (may be None. increased to 30,720 acres to facilitate an economic mine).(c) Potassium....................... 2,560 acres............ 96,000 acres (larger if None. necessary for extraction of potassium from concentrated brines in connection with an existing mining operation).(d) Sulphur......................... 640 acres.............. 1,920 acres in 3 leases None. or permits.(e) Gilsonite....................... 5,120 acres............ 7,680 acres.............. None.(f) Hardrock Minerals............... 2,560 acres............ 20,480 acres in permits None. and leases, 10,240 acres in leases, but can be increased to 20,480 if needed for orderly mine development.(g) Asphalt......................... 640 acres.............. 2,560 acres.............. Only available in Oklahoma.----------------------------------------------------------------------------------------------------------------
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[64 FR 53536, Oct. 1, 1999, as amended at 65 FR 50449, Aug. 18, 2000] § 3503.38 How does BLM compute my acreage holdings?(a) The maximum acreage in any one state refers to the acres you hold under a permit or lease on either public domain lands or acquired lands. Acquired lands and public domain lands are counted separately, so you may hold up to the maximum acreage of each at the same time. For example, one person could hold 20,000 acres under phosphate leases for public domain lands and 20,000 acres under phosphate leases for acquired lands at the same time. (b) If your permit or lease is for fractional interest lands, BLM will charge your acreage holdings for a share which is proportionate to the United States' ownership interest. For example, if the United States holds a 25% interest in 200 acres, you will be charged with 50 acres (200 × .25). (c) BLM will not charge any acreage in a future interest lease against your acreage limitations until the date the permit or lease takes effect. (d) If you own stock in a corporation or a beneficial interest in an association which holds a lease or permit, your acreage will include your proportionate part of the corporation's or association's share of the total lease or permit acreage. This only applies if you own more than 10 percent of the corporate stock or beneficial interest of the association. Filing Applications§ 3503.40 Where do I file my permit or lease application and other necessary documents?File your application in the State Office which manages the lands for which you are applying, unless we have designated a different State Office. For purposes of this part, a document is filed when it is received in the proper office. § 3503.41 Will BLM disclose information I submit under these regulations?All Federal and Indian data and information submitted to the BLM are subject to part 2 of this title. Part 2 includes the regulations of the Department of the Interior covering public disclosure of data and information contained in Department of the Interior records. BLM may make certain mineral information not protected from disclosure under part 2 of this title may be made available for inspection without a Freedom of Information Act (FOIA) request. § 3503.42 When I submit confidential, proprietary information, how can I help ensure it is not available to the public?When you submit data and information that you believe to be exempt from disclosure by part 2 of this title, you must clearly mark each page that you believe contains confidential information. BLM will keep all data and information confidential to the extent allowed by §2.13(c) of this title. § 3503.43 How long will information I give BLM remain confidential or proprietary?The FOIA does not provide an express period of time for which information may be exempt from disclosure to the public. We will review each situation individually and in accordance with guidance provided by part 2 of this title. § 3503.44 How will BLM treat Indian information submitted under the Indian Mineral Development Act?Under the Indian Mineral Development Act of 1982 (IMDA) (25 U.S.C. 2101 et seq.), the Department of the Interior will hold as privileged proprietary information of the affected Indian or Indian tribe— (a) All findings forming the basis of the Secretary's intent to approve or disapprove any Minerals Agreement under IMDA; and (b) All projections, studies, data, or other information concerning a Minerals Agreement under IMDA, regardless of the date received, related to— (1) The terms, conditions, or financial return to the Indian parties; (2) The extent, nature, value, or disposition of the Indian mineral resources; or (3) The production, products, or proceeds thereof. § 3503.45 How will BLM administer information concerning other Indian minerals?For information concerning Indian minerals not covered by §3503.44 of this part, BLM will withhold such records as may be withheld under an exemption to the Freedom of Information Act (FOIA) (5 U.S.C. 552) when it receives a request for information related to tribal or Indian minerals held in trust or subject to restrictions on alienation. § 3503.46 When will BLM consult with Indian mineral owners when information concerning their minerals is the subject of a FOIA request?BLM will notify the Indian mineral owner(s) identified in the records of the Bureau of Indian Affairs (BIA), and the BIA, and give them a reasonable period of time to state objections to disclosure, using the standards and procedures of §2.15(d) of this title, before making a decision about the applicability of FOIA exemption 4 to protect: (a) information obtained from a person outside the United States Government; when (b) following consultation with a submitter under §2.15(d) of this title, BLM determines that the submitter does not have an interest in withholding the records that can be protected under FOIA; but (c) BLM has reason to believe that disclosure of the information may result in commercial or financial injury to the Indian mineral owner(s), but is uncertain that such is the case. 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