43 Cfr 3170

§ 3170.1

43 CFR Ch. II (10–1–18 Edition)

SOURCE: 81 FR 81421, Nov. 17, 2016, unless
otherwise noted.

Subpart 3170—Onshore Oil and
Gas Production: General

jstallworth on DSKBBY8HB2PROD with CFR

§ 3170.1 Authority.
The authorities for promulgating the
regulations in this part are the Mineral
Leasing Act, 30 U.S.C. 181 et seq.; the
Mineral Leasing Act for Acquired
Lands, 30 U.S.C. 351 et seq.; the Federal
Oil and Gas Royalty Management Act,
30 U.S.C. 1701 et seq.; the Indian Mineral
Leasing Act, 25 U.S.C. 396a et seq.; the
Act of March 3, 1909, 25 U.S.C. 396; the
Indian Mineral Development Act, 25
U.S.C. 2101 et seq.; and the Federal
Land Policy and Management Act, 43
U.S.C. 1701 et seq. Each of these statutes gives the Secretary the authority
to promulgate necessary and appropriate rules and regulations governing
Federal and Indian (except Osage
Tribe) oil and gas leases. See 30 U.S.C.
189; 30 U.S.C. 359; 25 U.S.C. 396d; 25
U.S.C. 396; 25 U.S.C. 2107; and 43 U.S.C.
1740. Under Secretarial Order Number
3087, dated December 3, 1982, as amended on February 7, 1983 (48 FR 8983), and
the Departmental Manual (235 DM 1.1),
the Secretary has delegated regulatory
authority over onshore oil and gas development on Federal and Indian (except Osage Tribe) lands to the BLM.
For Indian leases, the delegation of authority to the BLM is reflected in 25
CFR parts 211, 212, 213, 225, and 227. In
addition, as authorized by 43 U.S.C.
1731(a), the Secretary has delegated to
the BLM regulatory responsibility for
oil and gas operations on Indian lands.
235 DM 1.1.K.
§ 3170.2 Scope.
The regulations in this part apply to:
(a) All Federal onshore and Indian oil
and gas leases (other than those of the
Osage Tribe);
(b) Indian Mineral Development Act
(IMDA) agreements for oil and gas, unless specifically excluded in the agreement or unless the relevant provisions
of the rule are inconsistent with the
agreement;
(c) Leases and other business agreements for the development of tribal energy resources under a Tribal Energy
Resource Agreement entered into with

the Secretary, unless specifically excluded in the lease, other business
agreement, or Tribal Energy Resource
Agreement;
(d) State or private tracts committed
to a federally approved unit or
communitization agreement (CA) as
defined by or established under 43 CFR
subpart 3105 or 43 CFR part 3180; and
(e) All onshore facility measurement
points where oil or gas produced from
the leases or agreements identified earlier in this section is measured.
§ 3170.3 Definitions and acronyms.
(a) As used in this part, the term:
Allocated or allocation means a method or process by which production is
measured at a central point and apportioned to the individual lease, or unit
Participating Area (PA), or CA from
which the production originated.
API (followed by a number) means the
American Petroleum Institute Manual
of Petroleum Measurement Standards,
with the number referring to the Chapter and Section in that manual.
Audit trail means all source records
necessary to verify and recalculate the
volume and quality of oil or gas production measured at a facility measurement point (FMP) and reported to
the Office of Natural Resources Revenue (ONRR).
Authorized officer (AO) has the same
meaning as defined in 43 CFR 3000.0–5.
Averaging period means the previous
12 months or the life of the meter,
whichever is shorter. For FMPs that
measure production from a newly
drilled well, the averaging period excludes production from that well that
occurred in or before the first full
month of production. (For example, if
an oil FMP and a gas FMP were installed to measure only the production
from a new well that first produced on
April 10, the averaging period for this
FMP would not include the production
that occurred in April (partial month)
and May (full month) of that year.)
Bias means a shift in the mean value
of a set of measurements away from
the true value of what is being measured.
By-pass means any piping or other arrangement around or avoiding a meter
or other measuring device or method
(or component thereof) at an FMP that

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