§ 3100.5 Definitions. As used in this part, the term: *Actual drilling operations* includes not only the physical drilling of a well, but also the testing, completing or equipping of such well for production.
*Assignment* means a transfer of all or a portion of the lessee's record title interest in a lease.
*Bid* means an amount of remittance offered as partial compensation for a lease equal to or in excess of the national minimum acceptable bonus bid set by statute or by the Secretary, submitted by a person for a lease parcel in a competitive lease sale. For leases or compensatory royalty agreements issued under 43 CFR subpart 3109, “bid” means an amount or percent of royalty or compensatory royalty that the owner or lessee must pay for the extraction of the oil and gas underlying the right-of-way.
*Competitive auction* means an in-person or internet-based bidding process where leases are offered to the highest bidder.
*Exception* means (as used for lease stipulations) a limited exemption, for a particular site within the leasehold, to a stipulation.
*Lessee* means a person holding record title in a lease issued by the United States.
*Modification* means (as used for lease stipulations) a change to the provisions of a lease stipulation for some or all sites within the leasehold and either temporarily or for the term of the lease.
*National Wildlife Refuge System Lands* means lands and water, or interests therein, administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction; wildlife management areas; or waterfowl production areas.
*Oil and gas agreement* means an agreement between lessees and the BLM to govern the development and allocation of production for existing leases and unleased lands, including, but not limited to, communitization agreements, compensatory royalty agreements, unit agreements, secondary recovery agreements, and gas storage agreements.
*Operating right* (working interest) means the interest created out of a lease authorizing the holder of that right to enter upon the leased lands to conduct drilling and related operations, including production of oil or gas from such lands in accordance with the terms of the lease. Operating rights include the obligation to comply with the terms of the original lease, as it applies to the area or horizons for the interest acquired, including the responsibility to plug and abandon all wells that are no longer capable of producing, reclaim the lease site, and remedy environmental problems.
*Operating rights owner* means a person holding operating rights in a lease issued by the United States. A lessee also may be an operating rights owner if the operating rights in a lease or portion thereof have not been severed from record title.
*Operator* means any person, including, but not limited to, the lessee or operating rights owner, who has stated in writing to the authorized officer that it is responsible under the terms and conditions of the lease for the operations conducted on the leased lands or a portion thereof.
*Primary term of lease subject to section 4(d) of the Act prior to the revision of 1960 ( 30 U.S.C. 226-1(d) )* means all periods of the life of the lease prior to its extension by reason of production of oil and gas in paying quantities; and
*Primary term of all other leases* means the initial term of the lease, which is 10 years.
*Qualified bidder* means any person in compliance with the laws and regulations governing a bid.
*Qualified lessee* means any person in compliance with the laws and regulations governing the BLM issued leases held by that person.
*Record title* means a lessee's interest in a lease, which includes the obligation to pay rent and the ability to assign and relinquish the lease. Record title includes the obligation to comply with the lease terms, including requirements relating to well operations and abandonment. Overriding royalty and operating rights are severable from record title interests.
*Responsible bidder* means any person who has not defaulted on the payment of winning bids for BLM-issued oil and gas leases, is capable of fulfilling the requirements of onshore BLM oil and gas leases, and is in compliance with statutes and regulations applicable to oil and gas development or with the terms of a BLM-issued oil and gas lease. The term “responsible bidder” does not include persons who bid with no intention of paying a winning bid or persons who default on a winning bid.
*Responsible lessee* means any person who has not defaulted on previous winning bids, is capable of fulfilling the requirements of onshore Federal oil and gas leases, and is in compliance with statutes applicable to oil and gas development or the terms of a BLM-issued oil and gas lease.
*Sublease* means a transfer of a non-record title interest in a lease, *i.e.,* a transfer of operating rights is normally a sublease, and a sublease also is a subsidiary arrangement between the lessee (sublessor) and the sublessee, but a sublease does not include a transfer of a purely financial interest, such as overriding royalty interest or payment out of production, nor does it affect the relationship imposed by a lease between the lessee(s) and the United States.
*Transfer* means any conveyance of an interest in a lease by assignment, sublease or otherwise. This definition includes the terms: *Assignment* and *Sublease.*
*Unit operator* means the person authorized under the unit agreement approved by the Department of the Interior to conduct operations within the unit.
*Waiver* means (as used for lease stipulations) a permanent exemption from a lease stipulation.