Guidelines for Submitting an Expression of Interest
An expression of interest (EOI) is an informal nomination to request certain lands be included in a competitive oil and gas lease sale. Per WO IM 2014-004, the BLM will publish EOI submissions received on or after January 1, 2014, on the website of the BLM state office where the nominated parcel is located. EOI submitters who prefer their name and address to be confidential should not include that information in their EOI. The BLM no longer requires submitters of EOIs to provide their name or address. Submitters may still provide this information for contact purposes; however, the BLM will make it available to the public.
EOIs are not automatically placed on a sale when received. The parcels must be reviewed for availability and environmental concerns prior to being placed on a sale. Additionally, if your EOI includes lands where the surface is managed by another agency, the BLM is required to obtain consent and recommendations from that surface managing agency (SMA) before placing the lands on a competitive sale notice. The SMA may need to prepare or update its environmental document, which will require additional time. Also, the BLM's records must be updated to document the U.S. mineral interest verified by the SMA.
Requests can be made in writing or e-mailed to firstname.lastname@example.org . No filing fee or rental is required with an EOI. In accordance with Leasing Reform IM 2010-117, the BLM is required to post the notice of Competitive Sales 90 days prior to the sale. The oil and gas plats also must be notated with the parcels 90 days prior to the sale. This is a very complicated and lengthy process. Please keep this in mind when making future plans regarding a Federal oil and gas lease.
Make sure your EOI contains the following information:
• Complete legal land description broken into parcels of 2,560 acres or less.
• Name and address of any private surface owners.
The BLM cannot place for sale lands under lease or lands where minerals ownership is not federally owned. Check plat notations on patents for mineral ownership reserved by the United States. Further information can be found at http://www.glorecords.blm.gov/ .
Helpful hints when submitting an EOI:
Regulations pertaining to competitive oil and gas leasing can be found in Title 43 CFR 3120. Prior to submitting your EOI, BLM public records should be reviewed to make certain the lands are available for leasing. The following lands are not available for leasing:
• Lands already leased for oil and gas
• Lands with non-Federally owned minerals
• Lands within city limits
• Lands withdrawn from mineral leasing
• Lands located in designated or proposed wilderness study areas (WSA)
• Lands within an Indian Reservation
• Lands within an existing or pending Land Exchange
In checking the public records, make certain that:
• Expired leases have not been extended beyond their primary term by diligent drilling;
• Terminated leases are not in the process of being reinstated.
EOIs must be submitted with a complete legal land description. If your EOI contains lands not within a six-mile square area, please configure the lands into the parcels as you would like to see them on a sale notice. Each parcel must not exceed 2,560 acres. If your EOI contains more than 2,560 acres and you have not configured your parcel, the BLM will parcel the lands, which may not agree with the parcel configuration you prefer.
Split-Estate (EOI and Presale Offers)
If you are nominating any split-estate lands – private surface/Federal minerals – you must include the name and address of the current private surface owners(s). BLM will send a letter to the surface owner(s) when the sale notice is posted.
Noncompetitive leases may be issued only for parcels that have been offered competitively and failed to receive a bid.
The lands in expired, terminated, relinquished, or canceled leases will not be available for noncompetitive leasing until they have been offered competitively in a Sale Notice for an auction and failed to receive a bid. A noncompetitive presale offer may be filed on such lands if the prior lease expired or terminated or was relinquished or canceled at least one year before the presale offer is submitted to the proper BLM State Office.
Following an auction, all lands that were offered competitively but received no bids will be available for noncompetitive lease issuance for two years, beginning the first business day following the last day of the auction, as specified in the Sale Notice.
For noncompetitive leasing, each offer must be submitted on a separate lease offer form. From the first business day following the auction through the last day of the same month, lands must be identified only by the parcel identification number as specified in the Sale Notice. Thereafter, and until the end of the two years of noncompetitive availability, offers must use legal land descriptions and are not limited to the parcel configurations offered at the auction.
Offers must be made on a BLM-approved form. They must include payment of a $390 nonrefundable filing fee and the first year's advance rental of $1.50 per acre.
All noncompetitive lease offers filed on the first business day following the auction will be considered as having been filed simultaneously. The priority among any multiple offers received on this day for the same parcel will be determined by drawings open to the public. Offers received on subsequent days will receive priority according to the time of filing; for example, an offer filed at 10:15 a.m. will have priority over an offer filed at 10:16 a.m.
Noncompetitive Offer (NCO) to Lease - (Presale)
A noncompetitive offer (presale) is a formal nomination for lands to be included in an oil and gas competitive oral auction. The offeror receives priority as of the time and date the offer is filed in the proper BLM office. If no bid is received at the oral auction, the noncompetitive lease shall issue, all else being regular, to the applicant. A noncompetitive offer must be made on Form 3100-11, Offer to Lease and Lease for Oil and Gas (6/88 or later edition). You must submit at least one original plus two copies. They must be typewritten or printed in ink and manually signed in ink and dated by offeror or offeror's authorized agent. The offer must include a $390 filing fee and first year's advance rental of $1.50 per acre or fraction thereof. Remember to round up your acreage when calculating rental. Executing the lease form signifies agreement to standard lease stipulations and/or any additional stipulations posted to lands on a competitive sale notice. NCO's cannot be held confidential.
Do Your Homework:
Regulations pertaining to NCO's can be found at 43 Code of Federal Regulations (CFR) 3110.
BLM cannot place for sale lands under lease or lands where mineral ownership is not federally owned. Check plat notations on patents for mineral ownership reserved by the United States.
Further lands not available to leasing include but are not limited to:
Lands within city limits
Lands withdrawn from mineral leasing
Wilderness areas (WSA/DWA)
Lands within an Indian Reservation
Lands with mineral entry applications
Patented mining claims
Lands posted in a Notice of Competitive Lease Sale
In addition, you cannot file on lands which are in the one-year period commencing upon expiration, relinquishment, or cancellation of the prior lease. While you cannot file a noncompetitive offer for lands which are in the one-year period from the date the prior lease died, you can file an expression of interest (EOI) for these same lands.
By mail, the applicant will receive a pink copy of the accounting advice showing the serial number assigned to the offer. Please refer to this serial number should you have any questions relating to the offer.
An NCO cannot be for less than 640 acres or one full section, whichever is larger. Contiguous lands must be included when necessary to meet the 640 acres. Offers for less than 640 acres are acceptable where there are no contiguous lands available for lease. Where an offer exceeds 640 acres, the offer may contain less than all available lands within a section.
The maximum offer is 10,240 acres entirely within six mile square.
Do not mix public domain land and acquired land. These two land types cannot issue under one lease.
Do not mix acquired lands with varying ownership interest.
Do not mix BLM lands with lands of a different surface management agency (SMA). These two land types cannot issue under one lease.
Do not include lands which are both inside and outside a unit agreement.
WSA lands and boundaries are not shown on plats or noted in the margin. We do have a map available, called "National Landscape Conservation System," which details the WSA's and is available in the public room.
Noncompetitive Offer (NCO) to Lease - Two Year Window Lands - (Postsale)
A noncompetitive offer on two-year window lands is a noncompetitive offer on lands that have been through a competitive sale and receive no bids at the sale or at the day after drawing. An NCO must be made on Form 3100-11, Offer to Lease and Lease for Oil and Gas (6/88 or later edition). You must submit at least one original plus two copies. They must be typewritten or printed in ink and manually signed in ink and dated by offeror or offeror's authorized agent. The offer must include a $390 filing fee and first years advance rental of $1.50 per acre or fraction thereof. Executing the lease form signifies agreement to standard lease stipulations and/or any additional stipulations posted to lands on a competitive sale notice. The offeror receives priority as of the time and date the offer is filed in the proper BLM office. NCO's cannot be held confidential.
The maximum offer is 10,240 acres and minimum is 640 acres. Previous stated rules regarding the 640 minimum apply.
Offers Filed During Month of Sale: Offers filed from the first day following the end of the competitive sale until the end of that same month (parcel integrity period) must be made for the entire parcel included in the sale notice and must describe the lands by that single parcel number appearing in the sale notice.
Offers Filed After Parcel Integrity Period and During Remainder of Two-Year Period: Any filing made after the end of the month in which a sale is held may not be filed by he parcel number, but shall be filed by the legal land description. An offer filed after the end of the parcel integrity period may include all or a portion of a parcel or may include a combination of parcels and shall be filed in accordance with 43 CFR 31103-3 with respect to minimum lease offer size.
Withdrawal of Offer in Whole or in Part:
A presale offer may be withdrawn by the offeror at any time prior to issuance of the noncompetitive lease.
A postsale lease offer may be withdrawn by the offeror if the request to withdraw the offer is received by the proper BLM office after 60 days from the date of filing of the offer and prior to lease issuance. If a postsale offer is withdrawn after 60 days from the date of filing, the lands would continue to be available for noncompetitive leasing for the remainder of the two-year period.
If a public domain mineral offer is partially withdrawn, the lands retained in the offer must total (in the lower 48 states) 640 acres or one full section or include all available lands within a section where there are no contiguous lands available.