EMS TRANSMISSION 01/11/2008
Instruction Memorandum No. 2008-049
To: State Directors
From: Assistant Director, Minerals, Realty and Resource Protection
Subject: Form 3100-11, Offer to Lease and Lease for Oil and Gas
Program Area: Oil and gas leasing.
Purpose: This Instruction Memorandum (IM) provides guidance regarding enforcement of the exact reproduction requirements of 43 CFR 3110.4(a) applicable to filing the subject form.
Policy/Action: State Offices (SO) are not to reject oil and gas lease offers made on copies of the lease offer form if the offers are not copied front to back on 1 sheet, as required by 43 CFR 3110.4(a). Offers filed using the current form should be accepted, regardless of whether they are copied front to back, as long as the filed copies include all the current terms and conditions. The SOs should use the following interim guidance, until a revision of 43 CFR 3110.4(a) can be effected.
- Which version of Form 3100-11 is acceptable for filing?
Regulation 43 CFR 3110.4(a) requires that an offer to lease “shall be made on a current form approved by the Director, or on unofficial copies of that form in current use.” The current form in use is Form 3100-11, dated July 2006. This version of the form is available to the public and contains the most current lease language. While other versions of the form issued since June 1988 have not yet been declared obsolete, per this regulation, the July 2006 form is the only version that is acceptable for filing of offers by the public.
- Can the public file offers that are not printed on one sheet, front to back?
Yes. Regulations at 43 CFR 3110.4(a) require that offers filed using copies “…shall be exact reproductions on one page of both sides of the official approved form…” However, distribution of paper copies of the official form from the National Business Center is discontinued, and the current electronic version of the form is four pages.
Filings are therefore acceptable if they are filed on more than one page. The Bureau of Land Management (BLM) offices should accept all filings, if they contain the exact wording found on the current official form including the lease terms on pages two and three of the new form. It is not necessary for the offeror to attach page four of the new form which contains the General Instructions and Notices.
- Does the information in the standard Sale Notice regarding filing a noncompetitive offer need updating?
The SOs should ensure that Sale Notices include appropriate language regarding the acceptable form and copies, per the above.
Timeframe: This IM is effective immediately and will continue until modified or rescinded.
Budget Impact: There is no effect on the budget.
Background: Form 3100-11 was changed in 2006 to meet standards for filings made in the United States District Courts (28A U.S.C. Rule 32(F)(4)). The form was downsized from legal-size to letter-size. In order for the terms and conditions to remain legible, the font size was increased which lengthened the form.
The U. S. Government Printing Office no longer prints this form. The public cannot meet the requirements of the BLM’s regulations for a double-sided copy by printing the current four-page form from the BLM’s Forms Central website.
Handbook Sections Affected: Updated versions of the BLM handbooks H-3110-1 and 3120-1 will include this information.
Regulations: The Department of the Interior will amend the regulations at 43 CFR 3110.4(a) to remove the conflicting reproduction requirement.
Coordination: This IM was principally authored by staff in the Montana State Office, and has been coordinated with other BLM State Offices, the Washington Office Division of Fluid Minerals (WO-310), the Solicitor’s Office, and the BLM’s National Forms Manager.
Contact: If you have any questions, please contact me at (202) 208-4201, or your staff may contact Greg Shoop, Senior Fluid Minerals Leasing Specialist, at (202) 452-0334, or Gregory_Shoop@blm.gov.
Michael D. Nedd
Robert M. Williams
Division of IRM Governance,WO-560
Minerals, Realty and Resource Protection