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ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of January 7, 2014
Title 30: Mineral Resources
PART 556—LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER CONTINENTAL SHELF
Contents
Subpart A—Outer Continental Shelf Oil, Gas, and Sulphur Management, General
§556.0 Authority for information collection.
§556.1 Purpose.
§556.2 Policy.
§556.4 Authority.
§556.5 Definitions.
§556.7 Cross references.
§556.8 Leasing maps and diagrams.
§556.10 Information to States.
§556.11 Helium.
§556.12 Supplemental sales.
Subpart B—Oil and Gas Leasing Program
§556.16
§556.17
§556.19
§556.20

Receipt and consideration of nominations; public notice and participation.
Review by State and local governments and other persons.
Periodic consultation with interested parties.
Consideration of coastal zone management program.

Subpart C—Reports From Federal Agencies
§556.22 General.
Subpart D—Call for Information and Nominations
§556.23 Information on areas.
§556.25 Areas near coastal States.
Subpart E—Area Identification and Tract Size
§556.26 General.
§556.28 Tract size.
Subpart F—Lease Sales
§556.29 Proposed notice of sale.
§556.31 State comments.
§556.32 Notice of sale.
Subpart G—Issuance of Leases
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§556.35
§556.37
§556.38
§556.40
§556.41
§556.43
§556.44
§556.46
§556.47
§556.49
§556.50

Qualifications of lessees.
Lease term.
Joint bidding provisions.
Definitions.
Joint bidding requirements.
Chargeability for production.
Bids disqualified.
Submission of bids.
Award of leases.
Lease form.
Dating of leases.

Subpart H—Rentals and Royalties [Reserved]
Subpart I—Bonding
§556.52
§556.53
§556.54
§556.55
§556.56
§556.57
§556.58
§556.59

Bond requirements for an oil and gas or sulphur lease.
Additional bonds.
General requirements for bonds.
Lapse of bond.
Lease-specific abandonment accounts.
Using a third-party guarantee instead of a bond.
Termination of the period of liability and cancellation of a bond.
Forfeiture of bonds and/or other securities.

Subpart J—Assignments, Transfers, and Extensions
§556.62
§556.63
§556.64
§556.65
§556.67
§556.68
§556.70
§556.71
§556.72

Assignment of lease or interest in lease.
Service fees.
How to file transfers.
Attorney General review.
Separate filings for assignments.
Effect of assignment of a particular tract.
Extension of lease by drilling or well reworking operations.
Directional drilling.
Compensatory payments as production.

Subpart K—Termination of Leases
§556.76 Relinquishment of leases or parts of leases.
§556.77 Cancellation of leases.
Subpart L—Section 6 Leases
§556.79 Effect of regulations on lease.
§556.80 Leases of other minerals.
Subpart M—Studies
§556.82 Environmental studies.
Subpart N—Bonus or Royalty Credits for Exchange of Certain Leases Offshore Florida
§556.90
§556.91
§556.92
§556.93

Which leases may I exchange for a bonus or royalty credit?
How much bonus or royalty credit will BOEM grant in exchange for a lease?
What must I do to obtain a bonus or royalty credit?
How is the bonus or royalty credit allocated among multiple lease owners?

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§556.94 How may I use the bonus or royalty credit?
§556.95 How do I transfer a bonus or royalty credit to another person?
Appendix to Part 556—Oil and Gas Cash Bonus Bid
AUTHORITY : 31 U.S.C. 9701, 42 U.S.C. 6213, 43 U.S.C. 1334, Pub. L. 109-432.
SOURCE: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

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Subpart A—Outer Continental Shelf Oil, Gas, and Sulphur Management,
General
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§556.0 Authority for information collection.
(a) The Office of Management and Budget (OMB) has approved the information collection
requirements in this part under 44 U.S.C. 3501 et seq. OMB assigned the control number 1010-0006.
The title of this information collection is “30 CFR part 556, Leasing of Sulphur or Oil and Gas in the
Outer Continental Shelf.”
(b) BOEM collects this information to determine if the applicant filing for a lease on the Outer
Continental Shelf is qualified to hold such a lease. Response is required to obtain a benefit according to
43 U.S.C. 1331 et seq. BOEM will protect proprietary information collected according to section 26 of
the OCS Lands Act and 30 CFR 556.10.
(c) An agency may not conduct or sponsor, and a person is not required to respond to a collection
of information unless it displays a currently valid OMB control number.
(d) Send comments regarding any aspect of the collection of information under this part, including
suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean
Energy Management, 381 Elden Street, Herndon, VA 20170.
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§556.1 Purpose.
The purpose of the regulations in this part is to establish the procedures under which the
Secretary of the Interior (Secretary) will exercise the authority to administer a leasing program for oil,
gas and sulphur. The procedures under which the Secretary will exercise the authority to administer a
program to grant rights-of-use and easements are addressed in other parts.
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§556.2 Policy.
The management of Outer Continental Shelf resources is to be conducted in accordance with the
findings, purposes and policy directions provided by the Outer Continental Shelf Lands Act
Amendments of 1978 (43 U.S.C. 1332, 1801, 1802), and other Executive, legislative, judicial and
Departmental guidance. The Secretary of the Interior shall consider available environmental information
in making decisions affecting Outer Continental Shelf resources.
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§556.4 Authority.
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The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1331 et seq.) authorizes the
Secretary of the Interior to issue, on a competitive basis, leases for oil and gas, and sulphur, in
submerged lands of the outer Continental Shelf (OCS). The Act authorizes the Secretary to grant
rights-of-way, rights-of-use and easements through the submerged lands of the OCS. The Energy
Policy and Conservation Act of 1975 (42 U.S.C. 6213), prohibits joint bidding by major oil and gas
producers.
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§556.5 Definitions.
As used in this part, the term:
(a) Act refers to the Outer Continental Shelf Lands Act of August 7, 1953 (43 U.S.C. 1331 et seq.)
as amended.
(b) Director means the Director, Bureau of Ocean Energy Management.
(c) OCS means the Outer Continental Shelf, as that term is defined in 43 U.S.C. 1331(a).
(d) Secretary means the Secretary of the Interior or an official authorized to act on the Secretary's
behalf.
(e) BOEM means Bureau of Ocean Energy Management.
(f) Coastal zone means the coastal waters (including the lands therein and thereunder) and the
adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other
and in proximity to the shorelines of the several coastal States, and includes islands, transition and
intertidal areas, salt marshes, wetlands, and beaches, which zone extends seaward to the outer limit of
the United States territorial sea and extends inland from the shore lines to the extent necessary to
control shorelands, the uses of which have a direct and significant impact on the coastal waters, and
the inward boundaries of which may be identified by the several coastal States, pursuant to the
authority of section 305(b)(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454(b)(1));
(g) Affected State means, with respect to any program, plan, lease sale, or other activity,
proposed, conducted, or approved pursuant to the provisions of the act, any State:
(1) The laws of which are declared, pursuant to section 4(a)(2) of the Act, to be the law of the
United States for the portion of the Outer Continental Shelf on which such activity is, or is proposed to
be conducted;
(2) Which is, or is proposed to be, directly connected by transportation facilities to any artificial
island or structure referred to in section 4(a)(1) of the Act;
(3) Which is receiving, or in accordance with the proposed activity will receive, oil for processing,
refining, or transshipment which was extracted from the Outer Continental Shelf and transported
directly to such State by means of vessels or by a combination of means including vessels;
(4) Which is designated by the Secretary as a State in which there is a substantial probability of
significant impact on or damage to the coastal, marine, or human environment, or a State in which
there will be significant changes in the social, governmental, or economic infrastructure, resulting from
the exploration, development, and production of oil and gas anywhere on the Outer Continental Shelf; or
(5) In which the Secretary finds that because of such activity there is, or will be, a significant risk of
serious damage, due to factors such as prevailing winds and currents, to the marine or coastal
environment in the event of any oilspill, blowout, or release of oil or gas from vessels, pipelines, or other
transshipment facilities;
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(h) Marine environment means the physical, atmospheric, and biological components, conditions,
and factors which interactively determine the productivity, state, conditions, and quality of the marine
ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas,
salt marshes, and wetlands within the coastal zone and on the Outer Continental Shelf;
(i) Coastal environment means the physical, atmospheric, and biological components, conditions,
and factors which interactively determine the productivity, state, conditions, and quality of the terrestrial
ecosystem from the shoreline inward to the boundaries of the coastal zone;
(j) Human environment means the physical, social, and economic components, conditions, and
factors which interactively determine the state, condition, and quality of living conditions, employment,
and health of those affected, directly or indirectly, by activities occurring on the Outer Continental Shelf;
(k) Mineral means oil, gas, and sulphur; it includes sand and gravel and salt used to facilitate the
development and production of oil, gas, or sulphur.
(l) Authorized officer means any person authorized by law or by delegation of authority to or within
BOEM to perform the duties described in this part.
(m) Bonus or royalty credit means a legal instrument or other written documentation, or an entry in
an account managed by the Secretary that a bidder or lessee may use in lieu of any other monetary
payment for—
(1) A bonus due for a lease on the Outer Continental Shelf; or
(2) A royalty due on oil or gas production from any lease located on the Outer Continental Shelf.
(n) Central planning area means the Central Gulf of Mexico Planning Area of the Outer Continental
Shelf, as designated in the document entitled “Draft Proposed Program Outer Continental Shelf Oil and
Gas Leasing Program 2007-2012,” dated February 2006.
(o) Coastline means the line of ordinary low water along that portion of the coast in direct contact
with the open sea and the line marking the seaward limit of inland waters.
(p) Desoto Canyon OPD means the official protraction diagram designated as Desoto Canyon
which has a western edge located at the universal transverse mercator (UTM) X coordinate 1,346,400
in the North American Datum of 1927 (NAD 27).
(q) Destin Dome OPD means the official protraction diagram designated as Destin Dome which
has a western edge located at the universal transverse mercator (UTM) X coordinate 1,393,920 in the
NAD 27.
(r) Eastern planning area means the Eastern Gulf of Mexico Planning Area of the Outer Continental
Shelf, as designated in the document entitled “Draft Proposed Program Outer Continental Shelf Oil and
Gas Leasing Program 2007-2012,” dated February 2006.
(s) Pensacola OPD means the official protraction diagram designated as Pensacola which has a
western edge located at the universal transverse mercator (UTM) X coordinate 1,393,920 in the NAD
27.
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§556.7 Cross references.
(a) For Bureau of Ocean Energy Management regulations governing exploration, development and
production on leases, see 30 CFR parts 550 and 570.
(b) For BOEM regulations governing the appeal of an order or decision issued under the
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regulations in this part, see 30 CFR part 590.
(c) For multiple use conflicts, see the Environmental Protection Agency listing of ocean dumping
sites—40 CFR part 228.
(d) For related National Oceanic and Atmospheric Administration programs see:
(1) Marine sanctuary regulations, 15 CFR part 922;
(2) Fishermen's Contingency Fund, 50 CFR part 296;
(3) Coastal Energy Impact Program, 15 CFR part 931;
(e) For Coast Guard regulations on the oil spill liability of vessels and operators, see 33 CFR parts
132, 135, and 136.
(f) For Coast Guard regulations on port access routes, see 33 CFR part 164.
(g) For compliance with the National Environmental Policy Act, see 40 CFR parts 1500 through
1508.
(h) For Department of Transportation regulations on offshore pipeline facilities, see 49 CFR part
195.
(i) For Department of Defense regulations on military activities on offshore areas, see 32 CFR part
252.
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§556.8 Leasing maps and diagrams.
(a) Any area of the OCS which has been appropriately platted as provided in paragraph (b) of this
section, is subject to lease for any mineral not included in a subsisting lease issued under the act or
meeting the requirements of subsection (a) of section 6 of the Act. Before any lease is offered or
issued an area may be:
(1) Withdrawn from disposition pursuant to section 12(a) of the Act; or
(2) Designated as an area or part of an area restricted from operation under section 12(d) of the
Act.
(b) BOEM shall prepare leasing maps and official protraction diagrams of areas of the OCS. The
areas included in each mineral lease shall be in accordance with the appropriate leasing map or official
protraction diagram.
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§556.10 Information to States.
(a) The information covered in this section is prepared by or directly obtained by the Director. Such
information is typically not considered to be proprietary or privileged, with the primary exception of
specific indications of interest in an area by industry received in response to a Call for Information
issued by the Secretary. This information and all other proprietary and privileged information obtained
by or under the control of the Bureau of Ocean Energy Management may be released only in
accordance with the regulations in 30 CFR parts 550, 551, and 552.
(b) The Director shall prepare an index to OCS information (see 30 CFR 552.5). The index shall
list all relevant actual or proposed programs, plans, reports, environmental impact statements,
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nominations information, environmental study reports, lease sale information and any similar type of
relevant information including, modifications, comments and revisions, prepared by or directly obtained
by the Director under the act. The index shall be sent on a regular basis to affected States and, upon
request, it shall be sent to any affected local government. The public shall be informed of the availability
of the index.
(c) Upon request, the Director shall transmit to affected States, local governments or the public, a
copy of any information listed in the index which is subject to the control of the BOEM in accordance
with the requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C. 552)
and regulations implementing said Act, and the regulations contained in 43 CFR part 2, except as
provided in paragraph (d) of this section.
(d) Upon request, the Director shall provide relative indications of interest in areas as well as any
comments filed in response to a Call for Information for a proposed sale. However, no information
transmitted shall identify any particular area with the name of any particular party so as not to
compromise the competitive position of any participants in the process of indicating interest.
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§556.11 Helium.
(a) Each lease issued or continued under these regulations shall be subject to a reservation by the
United States, under section 12(f) of the Act, of the ownership of and the right to extract helium from all
gas produced from the leased area.
(b) In case the United States elects to take the helium, the lessee shall deliver all gas containing
helium, or the portion of gas desired, to the United States at any point on the leased area or at an
onshore processing facility. Delivery shall be made in the manner required by the United States to such
plants or reduction works as the United States may provide.
(c) The extraction of helium shall not cause a reduction in the value of the lessee's gas or any
other loss for which he is not reasonably compensated, except for the value of the helium extracted.
The United States shall determine the amount of reasonable compensation. The United States shall
have the right to erect, maintain and operate on the leased area any and all reduction works and other
equipment necessary for the extraction of helium. The extraction of helium shall not cause substantial
delays in the delivery of natural gas produced to the purchaser of that gas.
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§556.12 Supplemental sales.
(a) The Secretary may conduct a supplemental sale in accordance with the provisions of this
section.
(b) Supplemental sales shall be governed by the regulations in this part, except §556.22.
(c) Supplemental sales shall be limited to blocks falling into one or more of the following
categories:
(1) Blocks for which bids were rejected during the calendar year preceding the year of the
supplemental sale in which they are reoffered or blocks for which bids were rejected in the same
calendar year as the supplemental sale in which they are reoffered, except that for the initial
supplemental sale only blocks for which bids were rejected after October 1, 1987, may be reoffered. If,
after the initial supplemental sale, a supplemental sale is not held annually for any reason, the relevant
period for determining blocks eligible for a subsequent supplemental sale may be extended to include
rejected bid blocks which were eligible for the supplemental sale not held.
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(2) Blocks for which the high bid was forfeited during the calendar year preceding the year of the
supplemental sale in which they are reoffered or blocks for which high bids were forfeited in the same
calendar year as the supplemental sale in which they are reoffered, except that for the initial
supplemental sale only blocks for which high bids were forfeited after October 1, 1987, may be
reoffered. If, after the initial supplemental sale, a supplemental sale is not held annually for any reason,
the relevant period for determining blocks eligible for a subsequent sale may be extended to include
forfeited bid blocks which were eligible for the supplemental sale not held.
(3) Development blocks. Development blocks (including blocks susceptible to drainage) are blocks
which are located on the same general geologic structure as an existing lease having a well with
indicated hydrocarbons; the reservoir may or may not be interpreted to extend on to the block.
(d) Supplemental sales shall not include blocks in the Central or Western Gulf of Mexico Planning
Areas.
(e) The Director may disclose the classification of blocks in supplemental sales as development
blocks.
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Subpart B—Oil and Gas Leasing Program
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§556.16 Receipt and consideration of nominations; public notice and participation.
(a) During preparation of a proposed 5-year leasing program, the Secretary shall invite and
consider suggestions and relevant information for such program from Governors of affected States,
local government, industry, other Federal agencies, including the Attorney General in consultation with
the Federal Trade Commission, and all interested parties, including the general public. This request for
information shall be issued as a notice in the FEDERAL REGISTER. Local governments wishing to respond
to such request shall first submit their responses to the Governor of the State in which the local
government is located.
(b) The Secretary shall send letters to the Governors of the affected States requesting them to
identify specific laws, goals, and policies which they believe should be considered by the Secretary in
connection with the leasing program. The Secretary shall also request from the Secretary of Energy
information on regional and national energy markets, on OCS production goals and on transportation
networks.
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§556.17 Review by State and local governments and other persons.
(a)(1) The Secretary shall prepare a proposed leasing program. At least 60 days prior to
publication of the proposed program in the FEDERAL REGISTER, a copy of the draft of the proposed
program shall be forwarded to the Governor of each affected State for comment. The Governor may
solicit comments from local governments in his or her State which the Governor determines will be
affected by the proposed program.
(2) The Secretary shall reply in writing to any comment on the draft of the proposed program from
the Governor of an affected State which is received at least 15 days prior to the submission of the
proposed program to the Congress and publication in the FEDERAL REGISTER. All such correspondence
between the Secretary and Governor of such State shall accompany the proposed program when it is
submitted to the Congress.
(b) The proposed leasing program shall be submitted to the Governors of the affected States for
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review and comment at the time it is submitted to the Congress and the Attorney General and
published in the FEDERAL REGISTER. The Governor of an affected State shall, upon request from any local
government affected by the program, submit a copy of the proposed program to such local
government. Comments and recommendations on any aspect of the proposed program may be
submitted by a State or local government or other persons to the Secretary within 90 days after the
date of its publication in the FEDERAL REGISTER. Comments and recommendations from local
governments shall be submitted first to the Governor of the State in which the local government is
located.
(c) At least 60 days prior to approving the final leasing program and any later significant revision,
the Secretary shall submit it to the President and the Congress, together with any comments. The
Secretary shall indicate in such submission why any specific recommendation of the Attorney General
or of a State or local government was not accepted.
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§556.19 Periodic consultation with interested parties.
The Secretary shall provide for periodic consultation with State and local governments, existing
and potential oil and gas lessees and permittees, and representatives of other individuals or
organizations engaged in any activity in or on the OCS, including those involved in fish and shellfish
recovery, and recreational activities. This consultation shall take place primarily through appropriate
public notice as described in §§556.16 and 556.17 and through the OCS Advisory Board and its
committees, on a regional and National basis. Meetings of the OCS Advisory Board shall be held on
specific issues as required by the Board's charter.
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§556.20 Consideration of coastal zone management program.
In the development of the leasing program, consideration shall be given to the coastal zone
management program being developed or administered by an affected coastal State under section 305
or 306 of the Coastal Zone Management Act of 1972 as amended, (16 U.S.C. 1454, 1455). Information
concerning the relationship between a State's coastal zone management program and OCS oil and
gas activity shall be requested from the Governors of the affected coastal States and from the
Secretary of Commerce prior to the development of the proposed leasing program at the time
information is requested under §556.16 of this part.
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Subpart C—Reports From Federal Agencies
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§556.22 General.
For oil and gas lease sales shown in an approved leasing schedule and as the need arises for
other mineral leasing, the Director shall prepare a report describing the general geology and potential
mineral resources of the area under consideration. The Director may request other interested Federal
Agencies to prepare reports describing, to the extent known, any other valuable resources contained
within the general area and the potential effect of mineral operations upon the resources or upon the
total environment or other uses of the area.
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Subpart D—Call for Information and Nominations
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§556.23 Information on areas.
(a) The Director may receive and consider indications of interest in areas for mineral leasing.
(b) In accordance with an approved program and schedule for the leasing of OCS lands which
may contain oil and gas, the Director shall issue Calls for Information and Nominations on areas for
leasing of such minerals in specified areas. The Call for Information and Nominations shall be
published in the FEDERAL REGISTER and may be published in other publications as desirable. Information
on areas shall be addressed to the appropriate BOEM regional supervisor with a copy to any other
office which may be specified in the Call. The Director shall also request comments on areas which
should receive special concern and analysis. For an oil and gas lease sale Call Area, the Director may
request comments concerning geological conditions, including bottom hazards; archaeological sites on
the seabed or near shore; multiple uses of the proposed leasing area, including navigation, recreation,
and fisheries; and other socioeconomic, biological, and environmental information.
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§556.25 Areas near coastal States.
(a) At the time information is solicited for leasing of areas within 3 geographical miles seaward of
the seaward boundary of any coastal State, the Secretary shall provide the Governor of that State
information required under section 8(g)(1) of the Act. The Director shall furnish information identifying
the areas for leasing as well as all relevant available environmental data for such areas (See 30 CFR
551.14).
(b) After receipt of information on areas within the area described in paragraph (a) of this section,
the Secretary shall inform the Governor of those areas that are to be given further consideration for
leasing. The Secretary shall enter into consultation with the Governor to determine whether the area
may contain oil or gas pools or fields underlying both the OCS and lands subject to the jurisdiction of
the State.
(c) After selection for leasing of those tracts which may have oil or gas pools or fields underlying
both the OCS and lands under State jurisdiction, the Secretary shall offer the Governor an opportunity
to enter into an agreement for the equitable disposition of revenues from such tracts under section 8(g)
(2) of the Act.
(d) If no agreement can be reached within 90 days of the Secretary's offer, the tracts may be
leased and all revenues deposited in a separate Treasury account pending equitable disposition of the
revenues under sections 8(g)(3) and (4) of the Act.
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Subpart E—Area Identification and Tract Size
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§556.26 General.
(a) The Director, in consultation with appropriate Federal Agencies, shall recommend to the
Secretary areas identified for environmental analysis and consideration for leasing. The Director, on
his/her own motion, may include in the recommendation areas in which interest has not been indicated
in response to a call. In making a recommendation, the Director shall consider all available
environmental information, multiple-use conflicts, resource potential, industry interest and other
relevant information. Comments received from States and local governments and interested parties in
response to calls for information and nominations shall be considered in making recommendations.
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For supplemental sales provided for by §556.12 of this part, the Director's recommendation shall be
replaced by a statement describing the results of the Director's consideration of the factors specified
above in this section.
(b) The Director shall evaluate fully the potential effect of leasing on the human, marine and
coastal environments, and develop measures to mitigate adverse impacts, including lease stipulations.
The views and recommendations of Federal agencies, State agencies, local governments,
organizations, industries and the general public shall be used as appropriate. The Director may hold
public hearings on the environmental analysis after appropriate notice.
(c) In general, the Director shall seek to inform the public as soon as possible of additions or
deletions that occur after the identification of areas.
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§556.28 Tract size.
(a) A tract selected for oil and gas leasing shall consist of a compact area not exceeding 5,760
acres, unless the authorized officer finds that a larger area is necessary to comprise a reasonable
economic production unit.
(b) The tract size for the leasing of other minerals shall be specified in the notice of sale.
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Subpart F—Lease Sales
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§556.29 Proposed notice of sale.
(a) The Director shall in consultation with appropriate Federal agencies develop measures,
including lease stipulations and conditions, to mitigate adverse impacts on the environments. For oil
and gas lease sales, appropriate proposed stipulations and conditions shall be contained or referenced
in the proposed notice of lease sale.
(b) A proposed notice of lease sale shall be submitted to the Secretary for approval. All comments
and recommendations received and the Director's findings or actions thereon, shall also be forwarded
to the Secretary.
(c) Upon approval by the Secretary, the proposed Notice of Sale shall be sent to the Governor of
any affected State and a notice of its availability shall be published in the FEDERAL REGISTER.
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§556.31 State comments.
(a) Within 60 days after notice of a proposed lease sale, a Governor of any affected State or any
affected local government in such State may submit recommendations to the Secretary regarding the
size, timing or location of the proposed lease sale. Prior to submitting recommendations to the
Secretary, any affected local government shall forward such recommendation to the Governor.
(b) The Secretary shall accept such recommendations of the Governor and may accept
recommendations of any affected local government if he determines, after having provided the
opportunity for consultation, that they provide for a reasonable balance between the National interest
and the well-being of the citizens of the affected State. A determination of the National interest shall be
based on the findings, purposes and policies of the Act.
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(c) The Secretary shall communicate to the Governor, in writing, the reasons for his determination
to accept or reject such Governor's recommendations, or to implement any alternative means identified
in consultation with the Governor to provide for a reasonable balance between the National interest and
the well-being of the citizens of the affected State.
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§556.32 Notice of sale.
(a) Upon approval of the Secretary, the Director shall publish the notice of lease sale in the FEDERAL
REGISTER as the official publication, and may publish the notice in other publications. The publication in
the FEDERAL REGISTER shall be at least 30 days prior to the date of the sale. The notice shall state the
place and time at which bids shall be filed, and the place, date and hour at which bids shall be opened.
The notice shall contain or reference a description of the areas to be offered for lease and any
stipulations, terms and conditions of the sale.
(b) Tracts shall be offered for lease by competitive sealed bidding under conditions specified in the
notice of lease sale and in accordance with all applicable laws and regulations. A suggested format for
bidder submissions appears in the appendix to this part.
(c) The notice of lease sale shall contain a reference to the OCS lease form which shall be issued
to successful bidders.
(d) With the approval of the Secretary, the Director may defer any part of the payment of the cash
bonus according to a schedule announced at the time of the notice of lease sale. Payment shall be
made no later than 5 years after the date of the lease sale. The schedule shall contain provisions for
guaranteed payment of a deferred bonus.
(e) In order to obtain statistical information to determine which bidding alternatives best
accomplish the purposes and policies of the Act, the Director may, until September 18, 1983, require
each bidder to submit bids for any OCS area in accordance with more than one of the bidding systems
described in section 8(a)(1) of the Act. No more than 10 percent of the tracts offered each year shall
contain such a requirement. Leases may be awarded using a bidding alternative selected at random for
statistical purposes, if it is otherwise consistent with the purposes and policies of the Act.
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Subpart G—Issuance of Leases
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§556.35 Qualifications of lessees.
(a) In accordance with section 8 of the Act, leases shall be awarded only to the highest
responsible qualified bidder.
(b) Mineral leases issued pursuant to section 8 of the Act may be held only by:
(1) Citizens and nationals of the United States;
(2) Aliens lawfully admitted for permanent residence in the United States as defined in 8 U.S.C.
1101(a)(20);
(3) Private, public or municipal corporations organized under the laws of the United States or of
any State or of the District of Columbia or territory thereof; or
(4) Associations of such citizens, nationals, resident aliens, or private, public, or municipal
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corporations, States, or political subdivisions of States.
(c) BOEM may disqualify you from acquiring any new lease holdings or lease assignments if your
operating performance is unacceptable according to 30 CFR 550.135.
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§556.37 Lease term.
(a)(1) All oil and gas leases shall be issued for an initial period of 5 years, or not to exceed 10
years where the authorized officer finds that such longer period is necessary to encourage exploration
and development in areas because of unusually deep water or other unusually adverse conditions.
(2) If your oil and gas lease is in water depths between 400 and 800 meters, it will have an initial
lease term of 8 years unless BOEM establishes a different lease term under paragraph (a)(1) of this
section.
(3) For leases issued with an initial term of 8 years, you must begin an exploratory well within the
first 5 years of the term to avoid lease cancellation.
(b) An oil and gas lease shall continue after such initial period for as long as oil or gas is produced
from the lease in paying quantities, or drilling or well reworking operations as approved by the Secretary
are conducted. The term of an oil and gas lease is subject to further extension as provided in 30 CFR
556.73.
(c) Sulphur leases shall be issued for a term not to exceed 10 years and so long thereafter as
sulphur is produced from the leasehold in paying quantities, or drilling, well reworking, plant
construction, or other operations for the production of sulphur, as approved by the Secretary, are
conducted thereon.
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§556.38 Joint bidding provisions.
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§556.40 Definitions.
The following definitions apply to §§556.38 through 556.44 of this part.
(a) Single bid means a bid submitted by one person for an oil and gas lease under section 8(a) of
the Act.
(b) Joint bid means a bid submitted by two or more persons for an oil and gas lease under section
8(a) of the Act.
(c) Average daily production is the total of all production in an applicable production period which is
chargeable under §556.43 of this title divided by the exact number of calendar days in the applicable
production period.
(d) Barrel means 42 U.S. gallons.
(e) Crude oil means a mixture of liquid hydrocarbons including condensate that exists in natural
underground reservoirs and remains liquid at atmospheric pressure after passing through surface
separating facilities, but does not include liquid hydrocarbons produced from tar sand, gilsonite, oil
shale, or coal.
(f) An economic interest means any right to, or any right dependent upon, production of crude oil,
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natural gas, or liquefied petroleum products and shall include, but not be limited to, a royalty interest, or
overriding royalty interest, whether payable in cash or in kind, a working interest, a net profits interest, a
production payment, or a carried interest.
(g) Liquefied petroleum products means natural gas liquid products including the following: ethane,
propane, butane, pentane, natural gasoline, and other natural gas products recovered by a process of
absorption, adsorption, compression, or refrigeration cycling, or a combination of such processes.
(h) Natural gas means a mixture of hydrocarbons and varying quantities of nonhydrocarbons that
exist in the gaseous phase.
(i) Oil and gas lease means an oil and gas lease either offered or issued pursuant to the provisions
of the Act.
(j) Owned means:
(1) With respect to crude oil —having either an economic interest in or a power of disposition over
the production of crude oil;
(2) With respect to natural gas—having either an economic interest in or a power of disposition
over the production of natural gas; and
(3) With respect to liquefied petroleum products—having either an economic interest in or a power
of disposition over any liquefied petroleum product at the time of completion of the liquefaction process.
(k) Prior production period means the continuous 6-month period of January 1 through June 30
preceding November 1 through April 30 for joint bids submitted during the 6-month bidding period from
November 1 through April 30, and means the continuous 6-month period of July 1 through December
31 preceding May 1 through October 31 for joint bids submitted during the 6-month bidding period from
May 1 through October 31.
(l) Production: (1) Of crude oil means the volume of crude oil produced worldwide from reservoirs
during the prior production period. The amount of such crude oil production shall be established by
measurement of volumes delivered at the point of custody transfer (e.g., from storage tanks to
pipelines, trucks, tankers, or other media for transport to refineries or terminals) with adjustments for:
(i) Net differences between opening and closing inventories, and
(ii) Basic sediment and water;
(2) Of natural gas means the volume of natural gas produced worldwide from natural oil and gas
reservoirs during the prior production period, with adjustments, where applicable, to reflect
(i) The volume of gas returned to natural reservoirs; and
(ii) The reduction of volume resulting from the removal of natural gas liquids and nonhydrocarbon
gases.
(3) Of liquefied petroleum products mean the volume of natural gas liquids produced from
reservoir gas and liquefied at surface separators, field facilities, or gas processing plants worldwide
during the prior production period; these liquefied petroleum products include the following:
(i) Condensate—natural gas liquids recovered from gas well gas (associated and non-associated)
in separators or field facilities;
(ii) Gas plant products—natural gas liquids recovered from natural gas in gas processing plants
and from field facilities. Gas plant products shall include the following as classified according to the
standards of the Natural Gas Processors Association (NGPA) or the American Society for Testing and
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Materials (ASTM):
(A) Ethane—C2H6
(B) Propane—C3H8
(C) Butane—C4H10 including all products covered by NGPA specifications for commercial butane.
(1) Isobutane,
(2) Normal butane,
(3) Other butanes—all butanes not included as isobutane or normal butane;
(D) Butane-Propane Mixtures—All products covered by NGPA specifications for butane-propane
mixtures;
(E) Natural Gasoline—A mixture of hydrocarbons extracted from natural gas, which meet vapor
pressure, end point, and other specifications for natural gasoline set by NGPA;
(F) Plant Condensate—A natural gas plant product recovered and separated as a liquid at gas inlet
separators or scrubbers in processing plants or field facilities; and
(G) Other Natural Gas Plant Products meeting refined product standards (i.e., gasoline, kerosene,
distillate, etc.).
(m) 6-month bidding period means the 6-month period of time:
(1) From May 1 through October 31; or
(2) From November 1 through April 30, respectively.
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§556.41 Joint bidding requirements.
(a) Any person who submits a joint bid for any oil and gas lease during a 6-month bidding period,
and who was chargeable for the prior production period with an average daily production in excess of
1.6 million barrels of crude oil, natural gas and liquefied petroleum products, shall have filed under oath
with the Director, a Statement of Production of crude oil, natural gas and liquefied petroleum products,
hereinafter referred to as a Statement of Production, no later than 45 days prior to the commencement
of the applicable 6-month bidding period of May 1 through October 31, and November 1 through April
30. Statements of Production shall be submitted to the Director, BOEM (Attention: Offshore Leasing
Management Division), Washington, DC 20240. The Statement of Production shall indicate that the
person was chargeable, in accordance with §556.43 of this part, with an average daily production in
excess of 1.6 million barrels of crude oil, natural gas and liquefied petroleum products for the prior
production period. The Director shall publish semi-annually in the FEDERAL REGISTER a “List of Restricted
Joint Bidders” to be effective immediately upon publication and to continue in force and effect until a
subsequent list is published. The “List of Restricted Joint Bidders” shall consist of those persons, who
in the judgment of the Director, based on information available to him, including, but not limited to,
sworn Statements of Production, are chargeable under §556.43 of this part with an average daily
production in excess of 1.6 million barrels of crude oil, natural gas and liquefied petroleum products for
the prior production period.
(b) When a person is placed on the List of Restricted Joint Bidders the Director shall serve that
person either personally or by certified mail, return receipt requested, with a copy of the Director's
Order placing that person on the List of Restricted Joint Bidders. Any appeal from that Order or from an
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adverse effect of that Order shall be made in accordance with the provisions of 43 CFR part 4.
(c) The submission of a Statement of Production or of a detailed Report of Production under
§556.46(g) of this part which misrepresents the chargeable production of the reporting person shall
constitute failure to comply with these regulations and any lease awarded in reliance on that Statement
or Report of Production may be canceled, pursuant to section 8(o) of the Act and regulations issued
there under as having been obtained by fraud or misrepresentation.
(d) The Secretary may exempt a person from the provisions of §§556.41(a), 556.44, 556.46(g) and
556.62(b) of this part if it is found, on the record, after an opportunity for an agency hearing, that lands
being offered have extremely high cost exploration and development problems and that exploration and
development will not occur on such lands unless the exemption is granted.
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§556.43 Chargeability for production.
(a) As used in this section the following definitions shall control:
(1) Person means a natural person or company.
(2) Company means a corporation, a partnership, an association, a joint-stock company, a trust, a
fund, or any group of persons whether incorporated or not; it also means any receiver, trustee in
bankruptcy, or similar official acting for such a company.
(3) Subsidiary means a company 50 percent or more of whose stock or other interest having
power to vote for the election of directors, trustees, or other similar controlling body of the company is
directly or indirectly owned, controlled, or held with the power to vote by another company; a subsidiary
shall be deemed a subsidiary of the other company owning, controlling, or holding 50 percent or more
of the stock or other voting interest.
(4) Security or securities means any note, stock, treasury stock, bond, debenture, evidence of
indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust
certificate, pre-organization certificate or subscription, transferable share, investment contract, votingtrust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other
mineral rights, or, in general, any interest or instrument commonly known as a “security” or any
certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or
warrant or right to subscribe to or purchase any of the foregoing.
(b) A person filing a Statement of Production under §556.41 of this part shall be charged with the
following production during the applicable prior production period:
(1) The average daily production in barrels of crude oil, natural gas, and liquefied petroleum
products which it owned worldwide;
(2) The average daily production in barrels of crude oil, natural gas, and liquefied petroleum
products owned worldwide by every subsidiary of the reporting person;
(3) The average daily production in barrels of crude oil, natural gas, and liquefied petroleum
products owned worldwide by any person or persons of which the reporting person is a subsidiary; and
(4) The average daily production in barrels of crude oil, natural gas, and liquefied petroleum
products owned worldwide by any subsidiary, other than the reporting person, of any person or persons
of which the reporting person is a subsidiary.
(c) A person filing a Statement of Production shall be charged with, in addition to the production
chargeable under paragraph (b) of this section, but not in duplication thereof, its proportionate share of
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the average daily production in barrels of crude oil, natural gas, and liquefied petroleum products owned
worldwide by every person:
(1) Which has an interest in the reporting person, and
(2) In which the reporting person has an interest, whether the interest referred to in paragraphs (c)
(1) and (2) of this section is by virtue of ownership of securities or other evidence of ownership, or by
participation in any contract, agreement, or understanding respecting the control of any person or of
any person's production of crude oil, natural gas, or liquefied petroleum products, equal to said interest.
As used in paragraph (c) of this section “interest” means an interest of at least 5 percent of the
ownership or control of a person.
(d) All measurements of crude oil and liquefied petroleum products under this section shall be at
60 °F.
(e)(1) For purposes of computing production of natural gas under §556.41 of this part,
chargeability under this section, and reporting under §556.46(g) of this part, 5,626 cubic feet of natural
gas at 14.73 pounds per square inch (msl) shall equal one barrel.
(2) For purposes of computing production of liquefied petroleum products under §556.41 of this
part, chargeability under §556.46(g) of this part, 1.454 barrels of natural gas liquids at 60 °F shall equal
one barrel of crude oil.
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§556.44 Bids disqualified.
The following bids for any oil and gas lease shall be disqualified and rejected in their entirety:
(a) A joint bid submitted by 2 or more persons who are on the effective List of Restricted Joint
Bidders; or
(b)(1) A joint bid submitted by two or more persons when 1 or more of those persons is
chargeable for the prior production period with an average daily production in excess of 1.6 million
barrels of crude oil, natural gas and liquefied petroleum products and has not filed a Statement of
Production as required by §556.41 of this part for the applicable 6-month bidding period, or
(2) Any of those persons have failed or refused to file a detailed report of production when required
to do so under §556.46(g) of this part, or
(c) A single or joint bid submitted pursuant to an agreement (whether written or oral, formal or
informal, entered into or arranged prior to or simultaneously with the submission of such single or joint
bid, or prior to or simultaneously with the award of the bid upon the tract) which provides:
(1) For the assignment, transfer, sale, or other conveyance of less than a 100 percent interest in
the entire tract on which the bid is submitted, by a person or persons on the List of Restricted Joint
Bidders, effective on the date of submission of the bid, to another person or persons on the same List
of Restricted Joint Bidders; or
(2) For the assignment, sale, transfer or other conveyance of less than a 100 percent interest in
any fractional interest in the entire tract (which fractional interest was originally acquired by the person
making the assignment, sale, transfer or other conveyance, under the provisions of the act) by a
person or persons on the List of Restricted Joint Bidders, effective on the date of submission of the bid,
to another person or persons on the same List of Restricted Joint Bidders; or
(3) For the assignment, sale, transfer, or other conveyance of any interest in a tract by a person or
persons not on the List of Restricted Joint Bidders, effective on the date of submission of the bid, to 2
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or more persons on the same List of Restricted Joint Bidders; or
(4) For any of the types of conveyances described in paragraphs (c)(1), (2) or (3) of this section
where any party to the conveyance is chargeable for the prior production period with an average daily
production in excess of 1.6 million barrels of crude oil, natural gas and liquefied petroleum products and
has not filed a Statement of Production pursuant to §556.41 of this part for the applicable 6-month
bidding period. Assignments expressly required by law, regulation, lease or stipulation to lease shall not
disqualify an otherwise qualified bid; or
(d) A bid submitted by or in conjunction with a person who has filed a false, fraudulent or otherwise
intentionally false or misleading detailed Report of Production.
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§556.46 Submission of bids.
(a) A separate sealed bid shall be submitted for each tract unit bid upon as described in the notice
of lease sale. A bid may not be submitted for less than an entire tract.
(b) BOEM requires a deposit for each bid. The notice of sale will specify the bid deposit amount
and method of payment.
(c) If the bidder is an individual a statement of citizenship shall accompany the bid.
(d) If the bidder is an association (including a partnership), the bid shall be accompanied by a
certified statement indicating the State in which it is registered and that it is authorized to hold mineral
leases on the OCS, or appropriate reference to statements or records previously submitted to a BOEM
OCS office (including material submitted in compliance with prior regulations).
(e) If the bidder is a corporation, the following information shall be submitted with the bid:
(1) A statement certified by the corporate Secretary or Assistant Secretary over the corporate seal
showing the State in which it was incorporated and that it is authorized to hold mineral leases on the
OCS, or appropriate reference to statements or records previously submitted to a BOEM OCS office
(including material submitted in compliance with prior regulations).
(2) Evidence of authority of persons signing to bind the corporation. Such evidence may be in the
form of either a certified copy of the minutes of the board of directors or of the bylaws indicating that the
person signing has authority to do so; or a certificate to that effect signed by the Secretary or Assistant
Secretary of the corporation over the corporate seal, or appropriate reference to statements or records
previously submitted to a BOEM OCS office (including material submitted in compliance with prior
regulations). Bidders are advised to keep their filings current.
(3) The bid shall be executed in conformance with corporate requirements.
(f) Bidders should be aware of the provisions of 18 U.S.C. 1860, prohibiting unlawful combination
or intimidation of bidders.
(g) To verify the accuracy of any statement submitted pursuant to §556.41 of this part, the Director
may require the person submitting such information to:
(1) Submit no later than 30 days after receipt of the request by the Director, a detailed Report of
Production which shall list, in barrels, the average daily production of crude oil, natural gas and liquefied
petroleum products chargeable to the reporting person in accordance with §556.43 of this part for the
prior production period, and
(2) Permit the inspection and copying by an official of the Department of the Interior of such
documents, records of production of crude oil, natural gas and liquefied petroleum products, analyses
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and other material as are necessary to demonstrate the accuracy of any statement or information
contained in any Report of Production.
(h) No bid for a lease may be submitted if the Secretary finds, after notice and hearing, that the
bidder is not meeting due diligence requirements on other OCS leases.
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§556.47 Award of leases.
(a) Sealed bids received in response to the notice of lease sale shall be opened at the place, date
and hour specified in the notice. The opening of bids is for the sole purpose of publicly announcing and
recording the bids received and no bids shall be accepted or rejected at that time.
(b) The United States reserves the right to reject any and all bids received for any tract, regardless
of the amount offered.
(c) In the event the highest bids are tie bids, the tie bidders (unless they would be disqualified
under §556.35(b) of this part, or disqualified under §556.44 of this part if their bids had been joint bids)
may file with the Director, within 15 days after notification, an agreement to accept the lease jointly;
otherwise all bids shall be rejected.
(d) Pursuant to section 8(c) of the Act, the Attorney General may review the results of the lease
sale prior to the acceptance of bids and issuance of leases.
(e)(1) The decision of the authorized officer on bids shall be the final action of the Department,
subject only to reconsideration by the Secretary, pursuant to written request, of the rejection of the high
bid. The delegation of review authority to the Office of Hearings and Appeals shall not be applicable to
decisions on high bids for leases on the Outer Continental Shelf.
(2) The authorized officer must accept or reject the bid within 90 days. The authorized officer may
extend the time period for acceptance or rejection of a bid for 15 working days or longer, if
circumstances warrant. Any bid not accepted within the prescribed time period, including any extension
thereof, is deemed rejected.
(3) Any high bidder whose bid is rejected by the authorized officer may, within 15 days of such
rejection, file with the Secretary, with a copy to the authorized officer, a written request for
reconsideration accompanied by a statement of reasons. The Secretary shall respond in writing either
affirming or reversing the decision of the authorized officer.
(f) Written notice of the authorized officer's action shall be transmitted promptly to those bidders
whose deposits have been held. If a bid is accepted, such notice shall transmit three copies of the
lease to the successful bidder. As provided in 30 CFR 1218.155, the bidder shall, not later than the 11th
business day after receipt of the lease, execute the lease, pay the first-year's rental, and unless
deferred, pay the balance of the bonus bid. The bidder must also file a bond as required in §556.52 of
this title. Deposits and any interest accrued shall be refunded on high bids subsequently rejected.
(g) If the successful bidder fails to execute the lease within the prescribed time or otherwise
comply with the applicable regulations the deposit shall be forfeited and disposed of as other receipts
under the Act.
(h) If, before the lease is executed on behalf of the United States, the land which would be subject
to the lease is withdrawn or restricted from leasing, all deposits and any interest due shall be refunded.
(i) If the awarded lease is executed by an agent acting on behalf of the bidder, the lease shall be
accompanied by evidence that the bidder authorized the agent to execute the lease. When three copies
of the lease are executed and returned to the authorized officer, the lease shall be executed on behalf
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of the United States, and one fully executed copy shall be transmitted to the successful bidder.
(j) No lease or permit shall be issued for any area within 15 statute miles of the boundaries of the
Point Reyes Wilderness in California unless the State of California allows exploration, development or
production activities in the adjacent navigable waters of the State under section 11(h) of the Act.
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§556.49 Lease form.
Oil and gas leases and leases for sulphur shall be issued on forms approved by the Director.
Other mineral leases shall be issued on such forms as may be prescribed by the Secretary.
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§556.50 Dating of leases.
All leases issued under the regulations in this part shall be dated and become effective as of the
first day of the month following the date leases are signed on behalf of the lessor. When prior written
request is made, a lease may be dated and become effective as of the first day of the month within
which it is so signed.
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Subpart H—Rentals and Royalties [Reserved]
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Subpart I—Bonding
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§556.52 Bond requirements for an oil and gas or sulphur lease.
This section establishes bond requirements for the lessee of an OCS oil and gas or sulphur lease.
(a) Before BOEM will issue a new lease or approve the assignment of an existing lease to you as
lessee, you or another record title owner for the lease must:
(1) Maintain with the Regional Director a $50,000 lease bond that guarantees compliance with all
the terms and conditions of the lease; or
(2) Maintain a $300,000 areawide bond that guarantees compliance with all the terms and
conditions of all your oil and gas and sulphur leases in the area where the lease is located; or
(3) Maintain a lease or area wide bond in the amount required in §556.53(a) or (b) of this part.
(b) For the purpose of this section, there are three areas. The area offshore the Atlantic Coast is
included in the Gulf of Mexico. Areawide bonds issued in the Gulf of Mexico will cover oil and gas or
sulphur operations offshore the Atlantic Coast. The three areas are:
(1) The Gulf of Mexico and the area offshore the Atlantic Coast.
(2) The area offshore the Pacific Coast States of California, Oregon, Washington, and Hawaii; and
(3) The area offshore the Coast of Alaska.
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(c) The requirement to maintain a lease bond (or substitute security instruments) under paragraph
(a)(1) of this section and §556.53(a) and (b) is satisfied if your operator provides a lease bond in the
required amount that guarantees compliance with all the terms and conditions of the lease. Your
operator may use an areawide bond under this paragraph to satisfy your bond obligation.
(d) If a surety makes payment to the United States under a bond or alternative form of security
maintained under this section, the surety's remaining liability under the bond or alternative form of
security is reduced by the amount of that payment. See paragraph (e) of this section for the
requirement to replace the reduced bond coverage.
(e) If the value of your surety bond or alternative security is reduced because of a default, or for
any other reason, you must provide additional bond coverage sufficient to meet the security required
under this subpart within 6 months, or such shorter period of time as the Regional Director may direct.
(f) You may pledge U.S. Department of the Treasury (Treasury) securities instead of a bond. The
Treasury securities you pledge must be negotiable for an amount of cash equal to the value of the bond
they replace.
(1) If you pledge Treasury securities under this paragraph (f), you must monitor their value. If their
market value falls below the level of bond coverage required under this subpart, you must pledge
additional Treasury securities to raise the value of the securities pledged to the required amount.
(2) If you pledge Treasury securities, you must include authority for the Regional Director to sell
them and use the proceeds when the Regional Director determines that you fail to satisfy any lease
obligation.
(g) You may pledge alternative types of security instruments instead of providing a bond if the
Regional Director determines that the alternative security protects the interests of the United States to
the same extent as the required bond.
(1) If you pledge an alternative type of security under this paragraph, you must monitor the
security's value. If its market value falls below the level of bond coverage required under this subpart,
you must pledge additional securities to raise the value of the securities pledged to the required
amount.
(2) If you pledge an alternative type of security, you must include authority for the Regional Director
to sell the security and use the proceeds when the Regional Director determines that you failed to
satisfy any lease obligation.
(h) If you fail to replace a deficient bond or to provide additional bond coverage upon demand, the
Regional Director may:
(1) Assess penalties under part 550, subpart N of this chapter;
(2) Suspend production and other operations on your leases in accordance with 30 CFR 250.173;
and
(3) Initiate action to cancel your lease.
Back to Top
§556.53 Additional bonds.
(a) This paragraph explains what bonds the lessee must provide before lease exploration activities
commence.
(1)(i) You must furnish the Regional Director a $200,000 bond that guarantees compliance with all
the terms and conditions of the lease by the earliest of:
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(A) The date you submit a proposed Exploration Plan (EP) for approval;
(B) The date you submit a request for approval of the assignment of a lease on which an EP has
been approved; or
(C) December 8, 1997, for any lease for which an EP has been approved.
(ii) The Regional Director may authorize you to submit the $200,000 lease exploration bond after
you submit an EP but before he/she approves drilling activities under the EP.
(iii) You may satisfy the bond requirement of this paragraph (a) by providing a new bond or by
increasing the amount of your existing bond.
(2) A $200,000 lease exploration bond pursuant to paragraph (a)(1) of this section need not be
submitted and maintained if the lessee either:
(i) Furnishes and maintains an areawide bond in the sum of $1 million issued by a qualified surety
and conditioned on compliance with all the terms and conditions of oil and gas and sulphur leases held
by the lease on the OCS for the area in which the lessee is situated; or
(ii) Furnishes and maintains a bond pursuant to paragraph (b)(2) of this section.
(b) This paragraph explains what bonds you (the lessee) must provide before lease development
and production activities commence.
(1)(i) You must furnish the Regional Director a $500,000 bond that guarantees compliance with all
the terms and conditions of the lease by the earliest of:
(A) The date you submit a proposed Development and Production Plan (DPP) or Development
Operations Coordination Document (DOCD) for approval;
(B) The date you submit a request for approval of the assignment of a lease on which a DPP or
DOCD has been approved; or
(C) December 8, 1997, for any lease for which a DPP or DOCD has been approved.
(ii) The Regional Director may authorize you to submit the $500,000 lease development bond after
you submit a DPP or DOCD, but before he/she approves the installation of a platform or the
commencement of drilling activities under the DPP or DOCD.
(iii) You may satisfy the bond requirement of this paragraph by providing a new bond or by
increasing the amount of your existing bond.
(2) The lessee need not submit and maintain a $500,000 lease development bond pursuant to
paragraph (b)(1) of this section if the lessee furnishes and maintains an areawide bond in the sum of
$3 million issued by a qualified surety and conditioned on compliance with all the terms and conditions
of oil and gas and sulphur leases held by the lessee on the OCS for the area in which the lease is
situated.
(c) When a lessee can demonstrate to the satisfaction of the authorized officer that wells and
platforms can be abandoned and removed and the drilling and platform sites cleared of obstructions for
less than the amount of lease bond coverage required under paragraph (b)(1) of this section, the
authorized officer may accept a lease surety bond in an amount less than the prescribed amount but
not less than the amount of the cost for well abandonment, platform removal, and site clearance.
(d) The Regional Director may determine that additional security (i.e., security above the amounts
prescribed in §§556.52(a) and 556.53(a) and (b) of this part) is necessary to ensure compliance with
the obligations under your lease and the regulations in this chapter.
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(1) The Regional Director's determination will be based on his/her evaluation of your ability to carry
out present and future financial obligations demonstrated by:
(i) Financial capacity substantially in excess of existing and anticipated lease and other obligations,
as evidenced by audited financial statements (including auditor's certificate, balance sheet, and profit
and loss sheet);
(ii) Projected financial strength significantly in excess of existing and future lease obligations based
on the estimated value of your existing OCS lease production and proven reserves of future production;
(iii) Business stability based on 5 years of continuous operation and production of oil and gas or
sulphur in the OCS or in the onshore oil and gas industry;
(iv) Reliability in meeting obligations based on:
(A) Credit rating(s); or
(B) Trade references, including names and addresses of other lessees, drilling contractors, and
suppliers with whom you have dealt; and
(v) Record of compliance with laws, regulations, and lease terms.
(2) You may satisfy the Regional Director's demand for additional security by increasing the
amount of your existing bond or by providing a supplemental bond or bonds.
(e) The Regional Director will determine the amount of supplemental bond required to guarantee
compliance. The Regional Director will consider potential underpayment of royalty and cumulative
obligations to abandon wells, remove platforms and facilities, and clear the seafloor of obstructions in
the Regional Director's case-specific analysis.
(f) If your cumulative potential obligations and liabilities either increase or decrease, the Regional
Director may adjust the amount of supplemental bond required.
(1) If the Regional Director proposes an adjustment, the Regional Director will:
(i) Notify you and the surety of any proposed adjustment to the amount of bond required; and
(ii) Give you an opportunity to submit written or oral comment on the adjustment.
(2) If you request a reduction of the amount of supplemental bond required, you must submit
evidence to the Regional Director demonstrating that the projected amount of royalties due the
Government and the estimated costs of lease abandonment and cleanup are less than the required
bond amount. If the Regional Director finds that the evidence you submit is convincing, he/she may
reduce the amount of supplemental bond required.
Back to Top
§556.54 General requirements for bonds.
(a) Any bond or other security that you, as lessee or operator, provide under this part must:
(1) Be payable upon demand to the Regional Director;
(2) Guarantee compliance with all of your obligations under the lease and regulations in this
chapter; and
(3) Guarantee compliance with the obligations of all lessees, operating rights owners and
operators on the lease.
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(b) All bonds and pledges you furnish under this part must be on a form or in a form approved by
the Associate Director for BOEM. Surety bonds must be issued by a surety that the Treasury certifies
as an acceptable surety on Federal bonds and that is listed in the current Treasury Circular No. 570.
You may obtain a copy of the current Treasury Circular No. 570 from the Surety Bond Branch,
Financial Management Service, Department of the Treasury, East-West Highway, Hyattsville, MD
20782.
(c) You and a qualified surety must execute your bond. When either party is a corporation, an
authorized official for the party must sign the bond and attest to it by an imprint of the corporate seal.
(d) Bonds must be noncancellable, except as provided in §556.58 of this part. Bonds must
continue in full force and effect even though an event occurs that could diminish, terminate, or cancel a
surety obligation under State surety law.
(e) Lease bonds must be:
(1) A surety bond;
(2) Treasury securities as provided in §556.52(f);
(3) Another form of security approved by the Regional Director; or
(4) A combination of these security methods.
(f) You may submit a bond to the Regional Director executed on a form approved under paragraph
(b) of this section that you have reproduced or generated by use of a computer. If you do this, and if the
document omits terms or conditions contained on the form approved by the Associate Director for
BOEM the bond you submit will be deemed to contain the omitted terms and conditions.
Back to Top
§556.55 Lapse of bond.
(a) If your surety becomes bankrupt, insolvent, or has its charter or license suspended or revoked,
any bond coverage from that surety terminates immediately. In that event, you must promptly provide a
new bond in the amount required under §§556.52 and 556.53 of this part to the Regional Director and
advise the Regional Director of the lapse in your previous bond.
(b) You must notify the Regional Director of any action filed alleging that you, your surety, or
guarantor are insolvent or bankrupt. You must notify the Regional Director within 72 hours of learning of
such an action. All bonds must require the surety to provide this information to you and directly to
BOEM.
Back to Top
§556.56 Lease-specific abandonment accounts.
(a) The Regional Director may authorize you to establish a lease-specific abandonment account in
a federally insured institution in lieu of the bond required under §556.53(d). The account must provide
that, except as provided in paragraph (a)(3) of this section, funds may not be withdrawn without the
written approval of the Regional Director.
(1) Funds in a lease-specific abandonment account must be payable upon demand to BOEM and
pledged to meet the lessee's obligations under 30 CFR 250.1703.
(2) You must fully fund the lease-specific abandonment account to cover all the costs of lease
abandonment and site clearance as estimated by BOEM within the timeframe the Regional Director
prescribes.
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(3) You must provide binding instructions under which the institution managing the account is to
purchase Treasury securities pledged to BOEM under paragraph (d) of this section.
(b) Any interest paid on funds in a lease-specific abandonment account will be treated as other
funds in the account unless the Regional Director authorizes in writing the payment of interest to the
party who deposits the funds.
(c) The Regional Director may allow you to pledge Treasury securities that are made payable upon
demand to the Regional Director to satisfy your obligation to make payments into a lease-specific
abandonment account.
(d) Before the amount of funds in a lease-specific abandonment account equals the maximum
insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings
and Loan Insurance Corporation, the institution managing the account must use the funds in the
account to purchase Treasury securities pledged to BOEM under paragraph (c) of this section. The
institution managing the lease specific-abandonment account will join with the Regional Director to
establish a Federal Reserve Circular 154 account to hold these Treasury securities, unless the
Regional Director authorizes the managing institution to retain the pledged Treasury securities in a
separate trust account. You may obtain a copy of the current Treasury Circular No. 154 from the Surety
Bond Branch, Financial Management Service, Department of the Treasury, East-West Highway,
Hyattsville, MD 20782.
(e) The Regional Director may require you to create an overriding royalty or production payment
obligation for the benefit of a lease-specific account pledged for the abandonment and clearance of a
lease. The required obligation may be associated with oil and gas or sulphur production from a lease
other than the lease bonded through the lease-specific abandonment account.
Back to Top
§556.57 Using a third-party guarantee instead of a bond.
(a) When the Regional Director may accept a third-party guarantee. The Regional Director may
accept a third-party guarantee instead of an additional bond under §556.53(d) if:
(1) The guarantee meets the criteria in paragraph (c) of this section;
(2) The guarantee includes the terms specified in paragraph (d) of this section;
(3) The guarantor's total outstanding and proposed guarantees do not exceed 25 percent of its
unencumbered net worth in the United States; and
(4) The guarantor submits an indemnity agreement meeting the criteria in paragraph (e) of this
section.
(b) What to do if your guarantor becomes unqualified. If, during the life of your third-party
guarantee, your guarantor no longer meets the criteria of paragraphs (a)(3) and (c)(3) of this section,
you must:
(1) Notify the Regional Director immediately; and
(2) Cease production until you comply with the bond coverage requirements of this subpart.
(c) Criteria for acceptable guarantees. If you propose to furnish a third party's guarantee, that
guarantee must ensure compliance with all lessees' lease obligations, the obligations of all operating
rights owners, and the obligations of all operators on the lease. The Regional Director will base
acceptance of your third-party guarantee on the following criteria:
(1) The period of time that your third-party guarantor (guarantor) has been in continuous operation
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as a business entity where:
(i) Continuous operation is the time that your guarantor conducts business immediately before you
post the guarantee; and
(ii) Continuous operation excludes periods of interruption in operations that are beyond your
guarantor's control and that do not affect your guarantor's likelihood of remaining in business during
exploration, development, production, abandonment, and clearance operations on your lease.
(2) Financial information available in the public record or submitted by your guarantor, on your
guarantor's own initiative, in sufficient detail to show to the Regional Director's satisfaction that your
guarantor is qualified based on:
(i) Your guarantor's current rating for its most recent bond issuance by either Moody's Investor
Service or Standard and Poor's Corporation;
(ii) Your guarantor's net worth, taking into account liabilities under its guarantee of compliance with
all the terms and conditions of your lease, the regulations in this chapter, and your guarantor's other
guarantees;
(iii) Your guarantor's ratio of current assets to current liabilities, taking into account liabilities under
its guarantee of compliance with all the terms and conditions of your lease and the regulations in this
chapter and your guarantor's other guarantees; and
(iv) Your guarantor's unencumbered fixed assets in the United States.
(3) When the information required by paragraph (c) of this section is not publicly available, your
guarantor may submit the information in the following table. Your guarantor must update the information
annually within 90 days of the end of the fiscal year or by the date prescribed by the Regional Director.
The guarantor
should submit . . . That . . .
(i) Financial
Include a report by an independent certified public accountant containing the
statements for the
accountant's audit opinion or review opinion of the statements. The report must
most recently
be prepared in conformance with generally accepted accounting principles and
completed fiscal
contain no adverse opinion.
year,
(ii) Financial
Your guarantor's financial officer certifies to be correct.
statements for
completed quarters in
the current fiscal
year,
(iii) Additional
Your guarantor's financial officer certifies to be correct.
information as
requested by the
Regional Director,
(d) Provisions required in all third-party guarantees. Your third-party guarantee must contain each
of the following provisions.
(1) If you, your operator, or an operating rights owner fails to comply with any lease term or
regulation, your guarantor must either:
(i) Take corrective action; or
(ii) Be liable under the indemnity agreement to provide, within 7 calendar days, sufficient funds for
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the Regional Director to complete corrective action.
(2) If your guarantor complies with paragraph (d)(1) of this section, this compliance will not reduce
its liability.
(3) If your guarantor wishes to terminate the period of liability under its guarantee, it must:
(i) Notify you and the Regional Director at least 90 days before the proposed termination date;
(ii) Obtain the Regional Director's approval for the termination of the period of liability for all or a
specified portion of your guarantor's guarantee; and
(iii) Remain liable for all work and workmanship performed during the period that your guarantor's
guarantee is in effect.
(4) You must provide a suitable replacement security instrument before the termination of the
period of liability under your third-party guarantee.
(e) Required criteria for indemnity agreements. If the Regional Director approves your third-party
guarantee, the guarantor must submit an indemnity agreement.
(1) The indemnity agreement must be executed by your guarantor and all persons and parties
bound by the agreement.
(2) The indemnity agreement must bind each person and party executing the agreement jointly and
severally.
(3) When a person or party bound by the indemnity agreement is a corporate entity, two corporate
officers who are authorized to bind the corporation must sign the indemnity agreement.
(4) Your guarantor and the other corporate entities bound by the indemnity agreement must
provide the Regional Director copies of:
(i) The authorization of the signatory corporate officials to bind their respective corporations;
(ii) An affidavit certifying that the agreement is valid under all applicable laws; and
(iii) Each corporation's corporate authorization to execute the indemnity agreement.
(5) If your third-party guarantor or another party bound by the indemnity agreement is a
partnership, joint venture, or syndicate, the indemnity agreement must:
(i) Bind each partner or party who has a beneficial interest in your guarantor; and
(ii) Provide that, upon demand by the Regional Director under your third-party guarantee, each
partner is jointly and severally liable for compliance with all terms and conditions of your lease.
(6) When forfeiture is called for under §556.59 of this part, the indemnity agreement must provide
that your guarantor will either:
(i) Bring your lease into compliance; or
(ii) Provide, within 7 calendar days, sufficient funds to permit the Regional Director to complete
corrective action.
(7) The indemnity agreement must contain a confession of judgment. It must provide that, if the
Regional Director determines that you, your operator, or an operating rights owner is in default of the
lease, the guarantor:
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(i) Will not challenge the determination; and
(ii) Will remedy the default.
(8) Each indemnity agreement is deemed to contain all terms and conditions contained in this
paragraph (e), even if the guarantor has omitted them.
Back to Top
§556.58 Termination of the period of liability and cancellation of a bond.
This section defines the terms and conditions under which BOEM will terminate the period of
liability of a bond or cancel a bond. Terminating the period of liability of a bond ends the period during
which obligations continue to accrue but does not relieve the surety of the responsibility for obligations
that accrued during the period of liability. Canceling a bond relieves the surety of all liability. The
liabilities that accrue during a period of liability include obligations that started to accrue prior to the
beginning of the period of liability and had not been met and obligations that begin accruing during the
period of liability.
(a) When the surety under your bond requests termination:
(1) The Regional Director will terminate the period of liability under your bond within 90 days after
BOEM receives the request; and
(2) If you intend to continue operations, or have not met all end of lease obligations, you must
provide a replacement bond of an equivalent amount.
(b) If you provide a replacement bond, the Regional Director will cancel your previous bond and the
surety that provided your previous bond will not retain any liability, provided that:
(1) The new bond is equal to or greater than the bond that was terminated, or you provide an
alternative form of security, and the Regional Director determines that the alternative form of security
provides a level of security equal to or greater than that provided for by the bond that was terminated;
(2) For a base bond submitted under §556.52(a) or under §556.53(a) or (b), the surety issuing the
new bond agrees to assume all outstanding liabilities that accrued during the period of liability that was
terminated; and
(3) For supplemental bonds submitted under §556.53(d), the surety issuing the new supplemental
bond agrees to assume that portion of the outstanding liabilities that accrued during the period of liability
which was terminated and that the Regional Director determines may exceed the coverage of the base
bond, and of which the Regional Director notifies the provider of the bond.
(c) This paragraph applies if the period of liability is terminated for a bond but the bond is not
replaced by a bond of an equivalent amount. The surety that provided your terminated bond will
continue to be responsible for accrued obligations:
(1) Until the obligations are satisfied; and
(2) For additional periods of time in accordance with paragraph (d) of this section.
(d) When your lease expires or is terminated, the surety that issued a bond will continue to be
responsible, and the Regional Director will retain other forms of security as shown in the following
table:
For the
following

The period of

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type of bond liability will end Your bond will be cancelled . . .
(1) Base
When the
Seven years after the termination of the lease, 6 years after
bonds
Regional Director completion of all bonded obligations, or at the conclusion of any
submitted
determines that appeals or litigation related to your bonded obligation, whichever is
under
you have met all the latest. The Regional Director will reduce the amount of your bond
§556.52(a), of your obligations or return a portion of your security if the Regional Director determines
§556.53(a), under the lease, that you need less than the full amount of the base bond to meet any
or (b),
possible future problems.
(2)
When the
When you meet your bonded obligations, unless the Regional
Supplemental Regional Director Director:
bonds
determines that
submitted
you have met all
under
your obligations
§556.53(d), covered by the
supplemental
bond,
(i) Determines that the future potential liability resulting from any
undetected problems is greater than the amount of the base bond;
and
(ii) Notifies the provider of the bond that the Regional Director will wait
7 years before cancelling all or a part of the bond (or longer period as
necessary to complete any appeals or judicial litigation related to your
bonding obligation).
(e) For all bonds, the Regional Director may reinstate your bond as if no cancellation or release
had occurred if:
(1) A person makes a payment under the lease and the payment is rescinded or must be repaid by
the recipient because the person making the payment is insolvent, bankrupt, subject to reorganization,
or placed in receivership; or
(2) The responsible party represents to BOEM that it has discharged its obligations under the
lease, and the representation was materially false when the bond was canceled or released.
Back to Top
§556.59 Forfeiture of bonds and/or other securities.
This section explains how a bond or other security may be forfeited.
(a) The Regional Director will call for forfeiture of all or part of the bond, other form of security, or
guarantee you provide under this part if:
(1) You (the party who provided the bond) refuse, or the Regional Director determines that you are
unable, to comply with any term or condition of your lease; or
(2) You default under one of the conditions under which the Regional Director accepts your bond,
third-party guarantee, and/or other form of security.
(b) The Regional Director may pursue forfeiture of your bond without first making demands for
performance against any lessee, operating rights owner, or other person authorized to perform lease
obligations.
(c) The Regional Director will:
(1) Notify you, the surety on your bond or other form of security, and any third-party guarantor, of
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his/her determination to call for forfeiture of the bond, security, or guarantee under this section.
(i) This notice will be in writing and will provide the reasons for the forfeiture and the amount to be
forfeited.
(ii) The Regional Director must base the amount he/she determines is forfeited upon his/her
estimate of the total cost of corrective action to bring your lease into compliance.
(2) Advise you, your third-party guarantor, and any surety, that you, your guarantor, and any surety
may avoid forfeiture if, within 5 working days:
(i) You agree to, and demonstrate that you will, bring your lease into compliance within the
timeframe that the Regional Director prescribes;
(ii) Your third-party guarantor agrees to, and demonstrates that it will, complete the corrective
action to bring your lease into compliance within the timeframe that the Regional Director prescribes; or
(iii) Your surety agrees to, and demonstrates that it will, bring your lease into compliance within the
timeframe that the Regional Director prescribes, even if the cost of compliance exceeds the face
amount of the bond or other surety instrument.
(d) If the Regional Director finds you are in default, he/she may cause the forfeiture of any bonds
and other security deposited as your guarantee of compliance with the terms and conditions of your
lease and the regulations in this chapter.
(e) If the Regional Director determines that your bond and/or other security is forfeited, the
Regional Director will:
(1) Collect the forfeited amount; and
(2) Use the funds collected to bring your leases into compliance and to correct any default.
(f) If the amount the Regional Director collects under your bond and other security is insufficient to
pay the full cost of corrective actions he/she may:
(1) Take or direct action to obtain full compliance with your lease and the regulations in this
chapter; and
(2) Recover from you, any co-lessee, operating rights owner, and/or any third-party guarantor
responsible under this subpart all costs in excess of the amount he/she collects under your forfeited
bond and other security.
(g) The amount that the Regional Director collects under your forfeited bond and other security
may exceed the costs of taking the corrective actions required to obtain full compliance with the terms
and conditions of your lease and the regulations in this chapter. In this case, the Regional Director will
return the excess funds to the party from whom they were collected.
Back to Top

Subpart J—Assignments, Transfers, and Extensions
Back to Top
§556.62 Assignment of lease or interest in lease.
This section explains how to assign record title and other interests in OCS oil and gas or sulphur
leases.
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(a) BOEM may approve the assignment to you of the ownership of the record title to a lease or any
undivided interest in a lease, or an officially designated subdivision of a lease, only if:
(1) You qualify to hold a lease under §556.35(b);
(2) You provide the bond coverage required under subpart I of this part; and
(3) The Regional Director approves the assignment.
(b) An assignment shall be void if it is made pursuant to any prelease agreement described in
§556.44(c) of this part that would cause a bid to be disqualified.
(c) Any approved assignment shall be deemed to be effective on the first day of the lease month
following its filing in the appropriate office of the BOEM, unless at the request of the parties, an earlier
date is specified in the approval.
(d) You, as assignor, are liable for all obligations that accrue under your lease before the date that
the Regional Director approves your request for assignment of the record title in the lease. The
Regional Director's approval of the assignment does not relieve you of accrued lease obligations that
your assignee, or a subsequent assignee, fails to perform.
(e) Your assignee and each subsequent assignee are liable for all obligations that accrue under
the lease after the date that the Regional Director approves the governing assignment. They must:
(1) Comply with all the terms and conditions of the lease and all regulations issued under the Act;
and
(2) Remedy all existing environmental problems on the tract, properly abandon all wells, and
reclaim the lease site in accordance with 30 CFR part 250, subpart Q.
(f) If your assignee, or a subsequent assignee, fails to perform any obligation under the lease or
the regulations in this chapter, the Regional Director may require you to bring the lease into compliance
to the extent that the obligation accrued before the Regional Director approved the assignment of your
interest in the lease.
Back to Top
§556.63 Service fees.
(a) The table in this paragraph (a) shows the fees that you must pay to BOEM for the services
listed. The fees will be adjusted periodically according to the Implicit Price Deflator for Gross Domestic
Product by publication of a document in the FEDERAL REGISTER. If a significant adjustment is needed to
arrive at the new actual cost for any reason other than inflation, then a proposed rule containing the
new fees will be published in the FEDERAL REGISTER for comment.
SERVICE FEE T ABLE
Service
(1) Record Title/Operating Rights (Transfer)
(2) Non-required Document Filing

Fee amount

30 CFR citation
$186 §556.64
27 §556.64

(b) Once a fee is paid, it is nonrefundable, even if an application or other request is withdrawn. If
your application is returned to you as incomplete, you are not required to submit a new fee with the
amended application.
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§556.64 How to file transfers.
This section explains how to file instruments with BOEM that create and/or transfer interests in
OCS oil and gas or sulphur leases.
(a) You must submit to the Regional Director for approval all instruments that create or transfer
ownership of a lease interest.
(1) You must submit two copies of the instruments that create or transfer an interest. Each
instrument that creates or transfers an interest must describe by officially designated subdivision the
interest you propose to create or transfer.
(2) You must submit your proposal to create or transfer an interest, or create or transfer separate
operating rights, subleases, and record title interests within 90 days of the last date that a party
executes the transfer agreement.
(3) The transferee must meet the citizenship and other qualification criteria specified in §556.35 of
this part. When you submit an instrument to create or transfer an interest as an association, you must
include a statement signed by the transferee about the transferee's citizenship and qualifications to
own a lease.
(4) Your instrument to create or transfer an interest must contain all of the terms and conditions to
which you and the other parties agree.
(5) You do not gain a release of any nonmonetary obligation under your lease or the regulations in
this chapter by creating a sublease or transferring operating rights.
(6) You do not gain a release from any accrued obligation under your lease or the regulations in
this chapter by assigning your record title interest in the lease.
(7) You may create or transfer carried working interests, overriding royalty interests, or payments
out of production without obtaining the Regional Director's approval. However, you must file
instruments creating or transferring carried working interests, overriding royalty interests, or payments
out of production with the Regional Director for record purposes.
(8) You must pay electronically through Pay.gov at: https://www.pay.gov/paygov/ the service fee
listed in §556.63 of this subpart and you must include a copy of the Pay.gov confirmation receipt page
with your application for approval of any instrument of transfer you are required to file (Record Title
and/or Operating Rights (Transfer) Fee). Where multiple transfers of interest are included in a single
instrument, a separate fee applies to each individual transfer of interest. For any document you are not
required to file by these regulations but which you submit for record purposes, you must also pay
electronically through Pay.gov the service fee listed in §556.63 (Non-required Document Filing Fee) per
lease affected, and you must include a copy of the Pay.gov confirmation receipt page with your
document. Such documents may be rejected at the discretion of the authorized officer.
(b) An attorney in fact, in behalf of the holder of a lease, operating rights or sublease, shall furnish
evidence of authority to execute the assignment or application for approval and the statement required
by §556.46 of this part.
(c) When you request approval for an assignment that assigns all your record title interest in a
lease or that creates a segregated lease, your assignee must furnish a bond in the amount prescribed
in §§556.52 and 556.53 of this part.
(d) When you request approval for an assignment that assigns less than all the record title of a
lease and that does not create a separate lease, the assignee may, with the surety's consent, become
a joint principal on the surety instrument that guarantees compliance with all the terms and conditions
of the lease.
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(e) An heir or devisee of a deceased holder of a lease, or any interest therein, shall be recognized
as the lawful successor to such lease or interest, if evidence of status as an heir or devisee is
furnished in the form of:
(1) A certified copy of an appropriate order or decree of the court having jurisdiction of the
distribution of the estate or,
(2) If no court action is necessary, the statements of two disinterested parties having knowledge of
the facts or a certified copy of the will.
(f) In addition to the requirements of paragraph (d) of this section, the heirs or devisees shall file
statements that they are the persons named as successors to the estate with evidence of their
qualifications as provided in §556.46 of this part.
(g) In the event an heir or devisee is unable to qualify to hold the lease or interest, the heir or
devisee shall be recognized as the lawful successor of the deceased and be entitled to hold the lease
for a period of not to exceed 2 years from the date of death of the predecessor in interest.
(h) Your heirs, executors, administrators, successors, and assigns are bound to comply with each
obligation under any lease and under the regulations in this chapter.
(1) You are jointly and severally liable for the performance of each nonmonetary obligation under
the lease and under the regulations in this chapter with each prior lessee and with each operating rights
owner holding an interest at the time the obligation accrued, unless this chapter provides otherwise.
(2) Sublessees and operating rights owners are jointly and severally liable for the performance of
each nonmonetary obligation under the lease and under the regulations in this chapter to the extent
that:
(i) The obligation relates to the area embraced by the sublease;
(ii) Those owners held their respective interest at the time the obligation accrued; and
(iii) This chapter does not provide otherwise.
(i) Where the proposed assignment or transfer is by a person who, at the time of acquisition of an
interest in the lease, was on the List of Restricted Joint Bidders, and that assignment or transfer is of
less than the entire interest of the assignor or transferor, to a person or persons on the same List of
Restricted Joint Bidders, the assignor or transferor shall file a copy, prior to approval of the assignment,
of all agreements applicable to the acquisition of that lease or a fractional interest.
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§556.65 Attorney General review.
Prior to the approval of an assignment or transfer, the Secretary shall consult with and give due
consideration to the views of the Attorney General. The Secretary may act on an assignment or
transfer if the Attorney General has not responded to the request for consultation within 30 days of said
request.
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§556.67 Separate filings for assignments.
A separate instrument of assignment shall be filed for each lease. When transfers to the same
person, association or corporation, involving more than one lease are filed at the same time for
approval, one request for approval and one showing as to the qualifications of the assignee shall be
sufficient.
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§556.68 Effect of assignment of a particular tract.
(a) When an assignment is made of all the record title to a portion of the acreage in a lease, the
assigned and retained portions become segregated into separate and distinct leases. In such a case,
the assignee becomes a lessee of the Government as to the segregated tract that is the subject of
assignment, and is bound by the terms of the lease as though the lease had been obtained from the
United States in the assignee's own name, and the assignment, after its approval, shall be the basis of
a new record. Royalty, minimum royalty and rental provisions of the original lease shall apply separately
to each segregated portion.
(b) For assignments of a portion of an oil and gas lease approved after the effective date of this
section, each segregated lease shall continue in full force and effect for the primary term of the original
lease and so long thereafter as oil or gas is produced from that segregated portion of the leased area in
paying quantities or drilling or well reworking operations as approved by the Secretary are conducted.
(c) For those assignments approved prior to the effective date of this section, each segregated
lease shall continue in full force and effect for the primary term of the original lease and so long
thereafter as oil and gas may be produced from the original leased area in paying quantities or drilling
or well reworking operations, as approved by the Secretary, are conducted.
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§556.70 Extension of lease by drilling or well reworking operations.
The term of a lease shall be extended beyond the primary term so long as drilling or well reworking
operations are approved by the Secretary according to the conditions set forth in 30 CFR 250.180.
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§556.71 Directional drilling.
In accordance with an approved exploration plan or development and production plan, a lease may
be maintained in force by directional wells drilled under the leased area from surface locations on
adjacent or adjoining land not covered by the lease. In such circumstances, drilling shall be considered
to have commenced on the leased area when drilling is commenced on the adjacent or adjoining land
for the purpose of directional drilling under the leased area through any directional well surfaced on
adjacent or adjoining land. Production, drilling, or reworking of any such directional well shall be
considered production or drilling or reworking operations on the leased area for all purposes of the
lease.
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§556.72 Compensatory payments as production.
If an oil and gas lessee makes compensatory payments and if the lease is not being maintained in
force by other production of oil or gas in paying quantities or by other approved drilling or reworking
operations, such payments shall be considered as the equivalent of production in paying quantities for
all purposes of the lease.
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Subpart K—Termination of Leases
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§556.76 Relinquishment of leases or parts of leases.
A lease or any officially designated subdivision thereof may be surrendered by the record title
holder by filing a written relinquishment, in triplicate, with the appropriate OCS office of the BOEM. No
filing fee is required. A relinquishment shall take effect on the date it is filed subject to the continued
obligation of the lessee and the surety to make all payments due, including any accrued rentals,
royalties and deferred bonuses and to abandon all wells and condition or remove all platforms and
other facilities on the land to be relinquished to the satisfaction of the Director.
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§556.77 Cancellation of leases.
(a) Any nonproducing lease issued under the act may be cancelled by the authorized officer
whenever the lessee fails to comply with any provision of the act or lease or applicable regulations, if
such failure to comply continues for 30 days after mailing of notice by registered or certified letter to the
lease owner at the owner's record post office address. Any such cancellation is subject to judicial
review as provided in section 23(b) of the Act.
(b) Producing leases issued under the Act may be cancelled by the Secretary whenever the
lessee fails to comply with any provision of the Act, applicable regulations or the lease only after judicial
proceedings as prescribed by section 5(d) of the Act.
(c) Any lease issued under the Act, whether producing or not, shall be canceled by the authorized
officer upon proof that it was obtained by fraud or misrepresentation, and after notice and opportunity to
be heard has been afforded to the lessee.
(d) Pursuant to section 5(a) of the Act, the Secretary may cancel a lease when:
(1) Continued activity pursuant to such lease would probably cause serious harm or damage to
life, property, any mineral, National security or defense, or to the marine, coastal or human
environment;
(2) The threat of harm or damage will not disappear or decrease to an acceptable extent within a
reasonable period of time; and
(3) The advantages of cancellation outweigh the advantages of continuing such lease or permit in
force. Procedures and conditions contained in §550.182 shall apply as appropriate.
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Subpart L—Section 6 Leases
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§556.79 Effect of regulations on lease.
(a) All regulations in this part, insofar as they are applicable, shall supersede the provisions of any
lease which is maintained under section 6(a) of the Act. However, the provisions of a lease relating to
area, minerals, rentals, royalties (subject to sections 6(a) (8) and (9) of the Act), and term (subject to
section 6(a)(10) of the Act and, as to sulfur, subject to section 6(b)(2) of the Act) shall continue in
effect, and, in the event of any conflict or inconsistency, shall take precedence over these regulations.
(b) A lease maintained under section 6(a) of the Act shall also be subject to all operating and
conservation regulations applicable to the OCS. In addition, the regulations relating to geophysical and
geological exploratory operations and to pipeline rights-of-way are applicable, to the extent that those
regulations are not contrary to or inconsistent with the lease provisions relating to area, the minerals,
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rentals, royalties and term. The lessee shall comply with any provision of the lease as validated, the
subject matter of which is not covered in the regulations in this part.
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§556.80 Leases of other minerals.
The existence of a lease that meets the requirements of section 6(a) of the Act shall not preclude
the issuance of other leases of the same area for deposits of other minerals. However, no other lease
of minerals shall authorize or permit the lessee thereunder unreasonably to interfere with or endanger
operations under the existing lease. No sulphur leases shall be granted by the United States on any
area while such area is included in a lease covering sulphur under section 6(b) of the Act.
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Subpart M—Studies
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§556.82 Environmental studies.
(a) The Director shall conduct a study of any area or region included in any lease sale in order to
establish information needed for assessment and management of impacts on the human, marine and
coastal environments which may be affected by OCS oil and gas activities in such area or region. Any
study shall, to the extent practicable, be designed to predict environmental impacts of pollutants
introduced into the environments and of the impacts of offshore activities on the seabed and affected
coastal areas.
(b) Studies shall be planned and carried out in cooperation with the affected States and interested
parties and, to the extent possible, shall not duplicate studies done under other laws. Where
appropriate, the Director shall, to the maximum extent practicable, enter into agreements with the
National Oceanic and Atmospheric Administration in executing the environmental studies
responsibilities. By agreement, the Director may also utilize services, personnel or facilities of any
Federal, State or local government agency in the conduct of such study.
(c) Any study of an area or region required by paragraph (a) of this section for a lease sale shall be
commenced not later than 6 months prior to holding a lease sale for that area. The Director may utilize
information collected in any prior study. The Director may initiate studies for areas or regions not
identified in the leasing program.
(d) After the leasing and developing of any area or region, the Director shall conduct such studies
as are deemed necessary to establish additional information and shall monitor the human, marine and
coastal environments of such area or region in a manner designed to provide information which can be
compared with the results of studies conducted prior to OCS oil and gas development. This shall be
done to identify any significant changes in the quality and productivity of such environments, to
establish trends in the areas studies, and to design experiments identifying the causes of such
changes. Findings from such studies shall be used to recommend modifications in practices which are
employed to mitigate the effects of OCS activities and to enhance the data/information base for
predicting impacts which might result from a single lease sale or cumulative OCS activities.
(e) Information available or collected by the studies program shall, to the extent practicable, be
provided in a form and in a timeframe that can be used in the decision-making process associated with
a specific leasing action or with longer term OCS minerals management responsibilities.
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Subpart N—Bonus or Royalty Credits for Exchange of Certain Leases
Offshore Florida
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§556.90 Which leases may I exchange for a bonus or royalty credit?
You may exchange a lease for a bonus or royalty credit if it:
(a) Was in effect on December 20, 2006, and
(b) Is located in:
(1) The Eastern planning area and within 125 miles of the coastline of the State of Florida, or
(2) The Central planning area and within the Desoto Canyon OPD, the Destin Dome OPD, or the
Pensacola OPD, and within 100 miles of the coastline of the State of Florida.
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§556.91 How much bonus or royalty credit will BOEM grant in exchange for a lease?
The amount of the bonus or royalty credit for an exchanged lease equals the sum of:
(a) The amount of the bonus payment; and
(b) All rent paid for the lease as of the date the lessee submits the request to exchange the lease
under §556.92 to BOEM.
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§556.92 What must I do to obtain a bonus or royalty credit?
(a) To obtain the bonus or royalty credit, all of the record title interest owners in the lease must
submit the following to the BOEM Regional Supervisor for Leasing and Environment for the Gulf of
Mexico on or before October 14, 2010.
(1) A written request to exchange the lease for the bonus or royalty credit, signed by all record title
interest owners in the lease.
(2) The name and contact information for a person who will act as a contact for each record title
interest owner.
(3) Documentation of each record title interest owner's percentage share in the lease.
(4) A list of all bonus and rental payments for that lease made by, or on behalf of, each of the
current record title owners.
(5) A written relinquishment of the lease as described in §556.76. Notwithstanding §556.76, the
relinquishment will become effective when the credit becomes effective under paragraph (b) of this
section.
(b) The credit becomes effective when BOEM issues a certification to the record title interest
owners that the lease has qualified for the credit and when ONRR issues the credit.
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§556.93 How is the bonus or royalty credit allocated among multiple lease owners?
BOEM will allocate the bonus or royalty credit for an exchanged lease to the current record title
interest owners in the same percentage share as each owner has in the lease as of the date of the
request to exchange the lease.
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§556.94 How may I use the bonus or royalty credit?
(a) You may use a credit issued under this part in lieu of a monetary payment due under any lease
in the Gulf of Mexico not subject to the revenue distribution provisions of section 8(g)(2) of the OCSLA
(43 U.S.C. 1337(g)(2)) for either:
(1) A bonus for acquisition of an interest in a new lease; or
(2) Royalty due on oil and gas production after October 14, 2008.
(b) You may not use a bonus or royalty credit in lieu of delivering oil or gas taken as royalty-in-kind.
(c) If you have any credit that remains unused after 5 years from the date ONRR issued the credit,
ONRR reserves the right to apply the remaining credit to any of your obligations.
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§556.95 How do I transfer a bonus or royalty credit to another person?
(a) You may transfer your bonus or royalty credit to any other person by submitting to the BOEM
Adjudication Unit for the Gulf of Mexico two originally executed transfer letters of agreement.
(b) Authorized officers indicated on the qualification card filed with BOEM of all companies involved
in transferring and receiving the credit must sign the transfer letters of agreement.
(c) A transfer letter of agreement must include:
(1) The effective date of the transfer,
(2) The OCS-G number for the lease that originally qualified for the credit,
(3) The amount of the credit being transferred,
(4) Company names punctuated exactly as filed on the qualification card at BOEM, and
(5) A corporate seal, if you used a corporate seal in your initial qualification to hold OCS leases.
(d) The transferee of a credit transferred under this section may use it in accordance with §556.94
as soon as BOEM sends a confirmation of the transfer to the transferee.
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Appendix to Part 556—Oil and Gas Cash Bonus Bid
The following bid is submitted for an oil and gas lease on the area of the Outer Continental Shelf
specified below:
Tract No.* Total amount bid Amount per acre (or per hectare)
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Amount of cash submitted
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*Or, if tract numbers are not used, Protraction Diagram or Leasing Map and block number.
Bidder qualification
No.
__ Misc. No.

Proportionate interest of
company(s)
submitting bid

Name and address of bidding
company

____________________,
Authorized signatory's name and title.
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