Subject: Code of Federal Regulations
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Code of Federal Regulations

Title 43 - Public Lands:
Interior

Volume: 2Date:
2011-10-01Original Date:
2011-10-01Title: PART 3150 - ONSHORE OIL
AND GAS GEOPHYSICAL EXPLORATIONContext:
Title 43 - Public Lands: Interior. Subtitle B - Regulations Relating to Public
Lands (Continued). CHAPTER II - BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE
INTERIOR. SUBCHAPTER C - MINERALS MANAGEMENT (3000).

Pt.
3150PART 3150—ONSHORE OIL AND GAS GEOPHYSICAL
EXPLORATIONSubpart 3150—Onshore Oil and Gas Geophysical Exploration;
GeneralSec.3150.0-1Purpose.3150.0-3Authority.3150.0-5Definitions.3150.1Suspension, revocation or
cancellation.3150.2Appeals.Subpart 3151—Exploration Outside of Alaska3151.1Notice of intent to conduct oil and gas
geophysical exploration operations.3151.2Notice of completion of
operations.Subpart
3152—Exploration in Alaska3152.1Application for oil and gas geophysical
exploration permit.3152.2Action on application.3152.3Renewal of exploration permit.3152.4Relinquishment of exploration
permit.3152.5Modification of exploration permit.3152.6Collection and submission of data.3152.7Completion of operations.Subpart
3153—Exploration of Lands Under the Jurisdiction of the Department of
Defense3153.1Geophysical permit
requirements.Subpart
3154—Bond Requirements3154.1Types of bonds.3154.2Additional bonding.3154.3Bond cancellation or termination of
liability.Authority:16 U.S.C. 3150(b) and 668dd; 30 U.S.C. 189 and 359; 42
U.S.C. 6508; 43 U.S.C. 1201, 1732(b), 1733, 1734, 1740.Source:53 FR 17359, May 16, 1988, unless otherwise
noted. Subpart
3150—Onshore Oil and Gas Geophysical Exploration; General§ 3150.0-1
Purpose. The purpose of this part is to establish procedures for conducting oil
and gas geophysical exploration operations when authorization for such
operations is required from the Bureau of Land Management. Geophysical
exploration on public lands, the surface of which is administered by the Bureau,
requires Bureau approval. The procedures in this part also apply to geophysical
exploration conducted under the rights granted by any Federal oil and gas lease
unless the surface is administered by the U.S. Forest Service. However, a lessee
may elect to conduct exploration operations outside of the rights granted by the
lease, in which case authorization from the surface managing agency or surface
owner may be required. At the request of any other surface managing agency, the
procedures in this part may be applied on a case-by-case basis to unleased
public lands administered by such agency. The procedures of this part do not
apply to:(a) Casual use activities;(b) Operations conducted on private surface overlying public lands
unless such operations are conducted by a lessee under the rights granted by the
Federal oil and gas lease; and(c) Exploration operations
conducted in the Arctic National Wildlife Refuge in accordance with section 1002
of the Alaska National Interest Lands Conservation Act (See 50 CFR part
37). § 3150.0-3
Authority. The
Mineral Leasing Act of 1920, as amended and supplemented, (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands of
1947, as amended (30 U.S.C. 351-359), the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.), the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), the Independent Offices Appropriations Act of 1952 (31 U.S.C.
483a), the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6504) and
the Department of the Interior Appropriations Act, Fiscal Year 1981 (42 U.S.C.
6508).

Code
of Federal Regulations /
Title 43 - Public Lands: Interior
/ Vol. 2 / 2011-10-01417

§ 3150.0-5
Definitions. As used in this part, the term:(a) Oil
and gas geophysical exploration means activity relating to the search for
evidence of oil and gas which requires the physical presence upon the lands and
which may result in damage to the lands or the resources located thereon. It
includes, but is not limited to, geophysical operations, construction of roads
and trails and cross-country transit of vehicles over such lands. It does not
include core drilling for subsurface geologic information or drilling for oil
and gas; these activities shall be authorized only by the issuance of an oil and
gas lease and the approval of an Application for a Permit to Drill. The
regulations in this part, however, are not intended to prevent drilling
operations necessary for placing explosive charges, where permissible, for
seismic exploration.(b) Casual
use means activities that involve practices which do not ordinarily lead
to any appreciable disturbance or damage to lands, resources and improvements.
For example, activities which do not involve use of heavy equipment or
explosives and which do not involve vehicular movement except over established
roads and trails are casual use. [53 FR 17359, May 16, 1988; 53 FR
31959, Aug. 22, 1988]

§
3150.1 Suspension,
revocation or cancellation. The right to conduct
exploration under notices of intent and oil and gas geophysical exploration
permits may be revoked or suspended, after notice, by the authorized officer and
upon a final administrative finding of a violation of any term or condition of
the instrument, including, but not limited to, terms and conditions requiring
compliance with regulations issued under Acts applicable to the public lands and
applicable State air and water quality standards or implementation plans. The
Secretary may order an immediate temporary suspension of activities authorized
under a permit or other use authorization prior to a hearing or final
administrative finding if he/she determines that such a suspension is necessary
to protect health or safety or the environment. Further, where other applicable
law contains specific provisions for suspension, revocation, or cancellation of
a permit or other authorization to use, occupy, or develop the public lands, the
specific provisions of such law shall prevail.§ 3150.2
Appeals. (a) A party adversely affected by a decision or approval of the
authorized officer may appeal that decision to the Interior Board of Land
Appeals as set forth in part 4 of this title.(b) All
decisions and approvals of the authorized officer under this part shall remain
effective pending appeal unless the Interior Board of Land Appeals determines
otherwise upon consideration of the standards stated in this paragraph. The
provisions of 43 CFR 4.21(a) shall not apply to any decision or approval of the
authorized officer under this part. A petition for a stay of a decision or
approval of the authorized officer shall be filed with the Interior Board of
Land Appeals, Office of Hearings and Appeals, Department of the Interior, and
shall show sufficient justification based on the following
standards:(1) The relative harm to the parties if the
stay is granted or denied,(2) The likelihood of the
appellant's success on the merits,(3) The likelihood of
irreparable harm to the appellant or resources if the stay is not granted,
and(4) Whether the public interest favors granting the
stay.Nothing in this paragraph shall diminish
the discretionary authority of the authorized officer to stay the effectiveness
of a decision subject to appeal pursuant to paragraph (a) of this section upon a
request by an adversely affected party or on the authorized officer's own
initiative. If the authorized officer denies such a request, the requester can
petition for a stay of the denial decision by filing a petition with the
Interior Board of Land Appeals that addresses the standards described above in
this paragraph. [57 FR 9012, Mar. 13, 1992, as amended at 57 FR
44336, Sept. 25, 1992]

Code
of Federal Regulations /
Title 43 - Public Lands: Interior
/ Vol. 2 / 2011-10-01418

Subpart
3151—Exploration Outside of Alaska§ 3151.1 Notice
of intent to conduct oil and gas geophysical exploration operations.
Parties wishing to conduct oil and gas geophysical
exploration outside of the State of Alaska shall file a Notice of Intent to
Conduct Oil and Gas Exploration Operations, referred to herein as a notice of
intent. The notice of intent shall be filed with the District Manager of the
proper BLM office on the form approved by the Director. Within 5 working days of
the filing date, the authorized officer shall process the notice of intent and
notify the operator of practices and procedures to be followed. If the notice of
intent cannot be processed within 5 working days of the filing date, the
authorized officer shall promptly notify the operator as to when processing will
be completed, giving the reason for the delay. The operator shall, within 5
working days of the filing date, or such other time as may be convenient for the
operator, participate in a field inspection if requested by the authorized
officer. Signing of the notice of intent by the operator shall signify agreement
to comply with the terms and conditions contained therein and in this part, and
with all practices and procedures specified at any time by the authorized
officer.§ 3151.2 Notice
of completion of operations. Upon completion of
exploration, there shall be filed with the District Manager a Notice of
Completion of Oil and Gas Exploration Operations. Within 30 days after this
filing, the authorized officer shall notify the party whether rehabilitation of
the lands is satisfactory or whether additional rehabilitation is necessary,
specifying the nature and extent of actions to be taken by the
operator.Subpart 3152—Exploration in Alaska§ 3152.1
Application for oil and gas geophysical
exploration permit. Parties wishing to conduct
oil and gas geophysical exploration operations in Alaska shall complete an
application for an oil and gas geophysical exploration permit. The application
shall contain the following information:(a) The
applicant's name and address;(b) The operator's name and
address;(c) The contractor's name and
address;(d) A description of lands involved by township
and range, including a map or overlays showing the lands to be entered and
affected;(e) The period of time when operations will be
conducted; and(f) A plan for conducting the exploration
operations.Note
to § 3152.1: Submit your application
along with the filing fee for geophysical exploration permit—Alaska, found in
the fee schedule in § 3000.12 of this chapter (except where the exploration
operations are to be conducted on a leasehold by or on behalf of the lessee), to
the District Manager of the proper BLM office.

[53 FR 17359, May 16, 1988, as amended
at 72 FR 50887, Sept. 5, 2007]

§ 3152.2
Action on application.
(a) The authorized officer shall review each application and
approve or disapprove it within 90 calendar days, unless compliance with
statutory requirements such as the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) delays this action. The applicant
shall be notified promptly in writing of any such delay.(b) The authorized officer shall include in each geophysical
exploration permit terms and conditions deemed necessary to protect values,
mineral resources, and nonmineral resources. Geophysical permits within National
Petroleum Reserve—Alaska shall contain such reasonable conditions, restrictions
and prohibitions as the authorized officer deems appropriate to mitigate adverse
effects upon the surface resources of the Reserve and to satisfy the requirement
of section 104(b) of the Naval Petroleum Reserves Production Act of 1976 (42
U.S.C. 6504) (See part 3130 for stipulations relating to the National Petroleum
Reserve—Alaska).(c) An exploration permit shall become
effective on the date specified by the authorized officer and shall expire 1
year thereafter.(d) For lands subject to section 1008 of
the Alaska National Interest Lands Conservation Act, exploration shall be
authorized only upon a determination that such activities can be conducted in a
manner which is consistent with the purposes for which the affected area is
managed under applicable law.

Code of Federal Regulations
/ Title 43 - Public
Lands: Interior /
Vol. 2 / 2011-10-01419

§
3152.3 Renewal of
exploration permit. Upon application by the
permittee and payment of the filing fee for renewal of exploration
permit—Alaska, found in the fee schedule in section 3000.12 of this chapter
(except where the exploration operations are to be conducted on a leasehold by
or on behalf of the lessee), an exploration permit may be renewed for a period
not to exceed one year. [72 FR 50887, Sept. 5, 2007]

§ 3152.4
Relinquishment of exploration
permit. Subject to the continued obligations of
the permittee and the surety to comply with the terms and conditions of the
exploration permit and the regulations, the permittee may relinquish an
exploration permit for all or any portion of the lands covered by it. Such
relinquishment shall be filed with the District Manager of the proper BLM
office.§ 3152.5 Modification
of exploration permit. (a) A permittee may
request, and the authorized officer may approve a modification of an exploration
permit.(b) The authorized officer may, after consultation
with the permittee, require modifications determined necessary.§
3152.6 Collection and
submission of data. (a) The permittee shall
submit to the authorized officer all data and information obtained in carrying
out the exploration plan.(b) All information submitted
under this section is subject to part 2 of this title, which sets forth the
rules of the Department of the Interior relating to public availability of
information contained in Departmental records, as provided at § 3100.4 of this
chapter. [53 FR 17359, May 16, 1988, as amended at 63 FR 52952,
Oct. 1, 1998]

§ 3152.7
Completion of operations.
(a) The permittee shall submit to the authorized officer a
completion report within 30 days of completion of all operations under the
permit. The completion report shall contain the following:(1) A description of all work performed;(2)
Charts, maps or plats depicting the areas and blocks in which the exploration
was conducted and specifically identifying the lines of geophysical traverses
and any roads constructed;(3) The dates on which the
actual exploration was conducted;(4) Such other
information about the exploration operations as may be specified by the
authorized officer in the permit; and(5) A statement that
all terms and conditions have been complied with or that corrective measures
shall be taken to rehabilitate the lands or other resources.(b)
Within 90 days after the authorized officer receives a completion report from
the permittee that exploration has been completed or after the expiration of the
permit, whichever occurs first, the authorized officer shall notify the
permittee of the specific nature and extent of any additional measures required
to rectify any damage to the lands and resources. [53 FR 17359,
May 16, 1988; 53 FR 31959, Aug. 22, 1988]

Subpart
3153—Exploration of Lands Under the Jurisdiction of the Department of
Defense§ 3153.1 Geophysical
permit requirements. Except in unusual
circumstances, permits for geophysical exploration on unleased lands under the
jurisdiction of the Department of Defense shall be issued by the appropriate
agency of that Department. In the event an agency of the Department of Defense
refers an application for exploration to the Bureau for issuance, the provisions
of subpart 3152 of this title shall apply. Geophysical exploration on lands
under the jurisdiction of the Department of Defense shall be authorized only
with the consent of, and subject to such terms and conditions as may be required
by, the Department of Defense.

Code
of Federal Regulations /
Title 43 - Public Lands: Interior
/ Vol. 2 / 2011-10-01420

Subpart 3154—Bond
Requirements§ 3154.1 Types
of bonds. Prior to each planned exploration, the
party(s) filing the notice of intent or application for a permit shall file with
the authorized officer a bond as described in § 3104.1 of this title in the
amount of at least $5,000, conditioned upon full and faithful compliance with
the terms and conditions of this subpart and the notice of intent or permit. In
lieu thereof, the party(s) may file a statewide bond in the amount of $25,000
covering all oil and gas exploration operations in the same State or a
nationwide bond in the amount of $50,000 covering all oil and gas exploration
operations in the nation. Holders of individual, statewide or nationwide oil and
gas lease bonds shall be allowed to conduct exploration on their leaseholds
without further bonding, and holders of statewide or nationwide lease bonds
wishing to conduct exploration on lands they do not have under lease may obtain
a rider to include oil and gas exploration operations under this part. Holders
of nationwide or any National Petroleum Reserve-Alaska oil and gas lease bonds
shall be permitted to obtain a rider to include the coverage of oil and gas
exploration within the National Petroleum Reserve—Alaska under subpart 3152 of
this title.§ 3154.2 Additional
bonding. The authorized officer may increase the
amount of any bond that is required under this subpart after determining that
additional coverage is needed to ensure protection of the lands or
resources.§ 3154.3 Bond
cancellation or termination of liability. The
authorized officer shall not consent to the cancellation of the bond or the
termination of liability unless and until the terms and conditions of the notice
of intent or permit have been met. Should the authorized officer fail to notify
the party within 90 days of the filing of a notice of completion of the need for
additional action by the operator to rehabilitate the lands, liability for that
particular exploration operation shall automatically terminate.
[53 FR 17359, May 16, 1988; 53 FR 31867, Aug. 22, 1988]