43 C.F.R. Subpart 3509—Fractional and Future Interest Lease Applications
Title 43 - Public Lands: Interior
BLM issues noncompetitive future interest leases to persons who hold present mineral interests that will revert to the Federal Government at some future date. Future interest leases allow the present interest holders to continue using their present mineral right once the Federal Government acquires it. When it is in the public interest, we will issue you a future interest lease for lands where you either have an existing mining operation or have established that a valuable deposit exists. You may apply for a future interest lease only if you have a present interest in the minerals. You must hold more than 50 per cent of either the fee interest, a lease interest or an operating rights interest. You must also meet the qualification requirements set forth in subpart 3502 of this part. You must pay fair market value for the mineral deposit when title vests in the United States. You also will be required to pay royalty on your production. No specific form is required. You must file at least one year before the mineral interest vests with the United States or BLM will deny your application. BLM will charge you a processing fee on a case-by-case basis as described in §3000.11 of this chapter. [64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005] Your application must include the same information we require when you apply for a present interest Federal lease. See subpart 3508 of this part. In addition, you must include the following: (a) A land description; (b) Your certification that you meet the qualifications requirements (see subpart 3502 of this part); (c) Evidence of your title or the extent of your rights to the present interest in the mineral deposits. Submit either a certified abstract of title or a title certificate, or the instrument establishing your rights; and (d) The names of the other owners, if any, of the mineral interests. If you own the operating rights to the mineral by means of a contract with the mineral owner, you also need to submit three copies of the mineral contract or lease. (a) After BLM receives your application for a future interest lease, we will notify all other interest owners that they have 90 days to file applications for the same mineral interest. (b) If any other interest owners timely apply, we will hold a competitive lease sale among the qualified applicants. BLM will establish standards for the competitive sale similar to those under subpart 3508 of this part, and provide notice to all of the qualified applicants. (c) If no other qualified owners timely apply, BLM may issue a future interest lease to you. BLM will establish the amount of the bonus bid you must pay through appraisal. Your future interest lease will be effective on the date the minerals vest in the United States, as stated in the lease. We will reject your application: (a) If you do not meet the qualifications in §3509.15 of this part; (b) If you filed your application less than one year before the minerals vest in the United States; or (c) We determine that issuing the lease is not in the public interest. Yes. You must file the withdrawal with BLM before the lease is signed. BLM will retain any fees already paid for processing the application. [64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005] They are prospecting permits and leases for parcels where the United States holds less than 100 per cent of the mineral interest of the parcel. Fractional interest leases allow development of the shared mineral interests. We issue them for lands where the United States owns less than 100 per cent of the mineral interest and where we have determined it is in the public interest to grant the permit or lease. We will only grant fractional interest permits or leases with the consent of the surface managing agency. If we believe a mineral deposit exists but do not know, we may issue a noncompetitive fractional interest lease. Only persons who have an interest in the non-Federal share of the same minerals may apply for a fractional interest lease of the minerals. Applicants must also meet the qualification standards in subpart 3502 of this part. No specific form is required. Submit the application to the BLM office with jurisdiction over the lands. BLM will charge you a processing fee on a case-by-case basis as described in §3000.11 of this chapter. [64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005] Your application must include all the same information we require when you apply for a regular competitive Federal lease. See subpart 3508 of this part. In addition, you must include the following: (a) A land description; (b) Your certification that you meet the qualifications requirements (see subpart 3502 of this part); (c) Evidence of your title or the extent of your rights in the mineral deposits. Submit either a certified abstract of title, a title certificate or the instrument establishing your rights; and (d) The names of the other owners, if any, of the mineral interests. If you own the operating rights to the mineral by means of a contract with the mineral owner, you also need to submit three copies of the mineral contract or lease. (a) After BLM receives your application for a fractional interest lease, we will notify all other interest owners that they have 90 days to file applications for the same mineral interest. (b) If any other interest owners timely apply, we will hold a competitive lease sale among the qualified applicants. BLM will establish standards for the competitive sale similar to those under subpart 3508 of this part, and provide notice to all of the applicants. (c) If no other qualified owners timely apply, BLM may issue a fractional interest lease to you. BLM will establish the amount of the bonus bid you must pay through appraisal. BLM will apply the commodity-specific terms and conditions found in this part to fractional interest prospecting permits and leases. BLM will reject your fractional interest application if: (a) You do not meet the qualifications in §3509.45 of this part; (b) You would have an interest in the total Federal and non-Federal mineral estate of less than 50% once the fractional interest prospecting permit or lease is issued, unless we determine it would be in the best interests of the government to issue the permit or lease; or (c) We determine that it is not in the public interest to grant the lease. Yes, if you file the withdrawal before the lease is signed. BLM will retain any fees already paid for processing the application. [64 FR 53536, Oct. 1, 1999, as amended at 70 FR 58878, Oct. 7, 2005]
Title 43: Public Lands: Interior
PART 3500—LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
Subpart 3509—Fractional and Future Interest Lease Applications
§ 3509.10 What are future interest leases?
§ 3509.11 Under what conditions will BLM issue a future interest lease to me?
§ 3509.12 Who may apply for a future interest lease?
§ 3509.15 Do I have to pay for a future interest lease?
§ 3509.16 How do I apply for a future interest lease?
§ 3509.17 What information must I include in my application for a future interest lease?
§ 3509.18 What will BLM do after it receives my application for a future interest lease?
§ 3509.20 When does my future interest lease take effect?
§ 3509.25 For what reasons will BLM reject my application for a future interest lease?
§ 3509.30 May I withdraw my application for a future interest lease?
§ 3509.40 What are fractional interest prospecting permits and leases?
§ 3509.41 For what lands may BLM issue fractional interest prospecting permits and leases?
§ 3509.45 Who may apply for a fractional interest prospecting permit or lease?
§ 3509.46 How do I apply for a fractional interest prospecting permit or lease?
§ 3509.47 What information must I include in my application for a fractional interest prospecting permit or lease?
§ 3509.48 What will BLM do after it receives my application for a fractional interest lease?
§ 3509.49 What terms and conditions apply to my fractional interest prospecting permit or lease?
§ 3509.50 Under what conditions would BLM reject my application for a fractional interest prospecting permit or lease?
§ 3509.51 May I withdraw my application for a fractional interest prospecting permit or lease?
