Onshore Energy and Mineral Lease 

Management Interagency Standard Operating 

Procedures 

I. INTRODUCTION

The purpose of these Standard Operating Procedures (referred to in this document as “the SOP”) 

is to establish common standards and methods for creating efficient and effective working 

relationships to achieve the Departmental goal of accurate energy and minerals accountability for 

onshore Federal and Indian leases. 

The SOP describes the responsibilities and information sharing required among bureaus and 

offices (referred to in the SOP as “agencies”) under the jurisdiction of the Assistant Secretary, 

Policy, Management and Budget (ASPMB); Assistant Secretary, Land and Minerals 

Management (ASLM); Assistant Secretary, Indian Affairs (ASIA); and the Office of the Special 

Trustee (OST) for American Indians in carrying out the Department of the Interior's 

responsibilities for Federal and Indian onshore lease management and accounting. 

The SOP replaces earlier versions of the Tripartite Memorandum of Understanding (MOU) 

between the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), the Office of 

Natural Resources Revenue (ONRR, the former Minerals Management Service), and the Office 

of Surface Mining (OSM). 

The SOP reflects updates made by a working group of BIA, BLM, ONRR, OSM, OST, and the 

Office of Indian Energy and Economic Development (IEED) staff. These updates were 

necessary to improve performance of interagency activities by eliminating procedural 

ambiguities and updating organizational references. The updates reflect current practices, and 

more clearly define how agreed-to information can be exchanged more effectively and 

efficiently. 

As before, other MOUs by and between various agencies under ASPMB,ASLM, ASIA, and OST 

may exist to accommodate special operating circumstances, as long as the terms and conditions 

of the other MOUs are not in conflict with the terms and conditions of the SOP. 

The SOP also makes note of instances where legal decisions mandate specific operational 

conduct. 

All time frames specified in the SOP are calendar days, unless otherwise specified. All time 

frames are subject to extension, if the involved agencies determine that circumstances warrant 

such an extension. Such extensions shall be confirmed in writing at the lowest delegable level 

practicable. When established time frames are not met, the involved agencies will follow the 

usual Department conflict resolution process, as detailed in 370 DM 770. 
 

II. DIVISION OF RESPONSIBILITIES 

The lease management activities for Federal onshore and Indian leases that involve BIA, BLM, 

IEED, ONRR, OSM, and OST responsibilities and information sharing are described in the 

following Attachments: 

 Attachment A — Agency Responsibilities and Information Sharing – Fluid 

Minerals – Indian: 

Contains the information sharing and division of functional responsibilities for 

Indian trust lands. This attachment does not apply to the Five Civilized Tribes 

District Court Leases in Oklahoma. 

 Attachment B — Agency Responsibilities and Information Sharing – Fluid 

Minerals – Federal: 

Contains the information sharing and division of functional responsibilities for 

Federal onshore lands 

 Attachment C — Agency Responsibilities and Information Sharing – Solid 

Minerals – Indian: 

Contains the information sharing and division of functional responsibilities for 

Indian trust lands 

 Attachment D — Agency Responsibilities and Information Sharing – Solid 

Minerals - Federal: 

Contains the information sharing and division of functional responsibilities for 

Federal onshore lands 

 Attachment E — Information Sharing by BIA, BLM, IEED, ONRR, OSM 

and OST: 

Describes general operating procedures for providing information to the public, 

sharing personally identifiable information, and for protecting information that 

may be proprietary or confidential 

 Attachment F — BLM/BIA/ONRR Responsibilities and Procedures for 

IMDA: 

Describes specific administrative Indian Mineral Development Act (IMDA) 

responsibilities for the BLM, BIA, IEED, ONRR, OST and tribes 

 Attachment G — Responsibilities and Procedures of BIA, BLM, and OSM 

for Coal Leasing and Mining Operations on Indian Lands: 

Provides the procedures for cooperation and coordination among BIA, BLM, and 

OSM for the surface and resource management of coal mining and exploration on 

Indian lands. In addition to these procedures, the Agency Responsibilities and 

Information Sharing described in Attachment C will also apply to coal leasing and 

mining operations. When a duplicate provision occurs, the provision contained in 

Attachment G has precedence. 
 Attachment H — Responsibilities and Procedures for Renewable Energy 

Resource Development on Indian Lands 

Describes specific administrative responsibilities for renewable energy leasing 

and development. 

III. INFORMATION SHARING 

Attachments A through G provide details of the information sharing necessary for effective and 

efficient work accomplishment. 

A. IT Systems 

Agencies must supply to each other a substantial part of the data necessary to maintain 

automated accounting systems, perform lease management activities, and manage revenue 

collection, investment, and distribution. 

The electronic exchange of information between all participants in the SOP is important to 

the performance of agencies’ several and mutual duties. Therefore, whenever any agency 

plans to modify its Information Technology (IT) systems that depend on input from or 

provide input to another agency, they will consult as appropriate during the requirement 

development stage of their IT modifications. All affected agencies will work together to 

develop a project plan that contains project milestones and related dates. The project plan 

will provide sufficient time for affected agencies to modify their own systems accordingly, 

and to complete interagency testing successfully. The agency instituting IT modifications 

will transmit the final version of the IT system changes, including the requirements 

documentation and the project plan, to all affected agencies. If any agency cannot 

accommodate the IT system changes within the proposed time frame, the instituting agency 

will delay implementation of such changes until the affected agency(ies) can modify their 

systems. Agencies that cannot resolve a dispute may use the Departmental conflict 

resolution process. 

B. Outreach 

Agencies have responsibilities for outreach, including government-to-government 

consultation, into Indian communities to demonstrate the work they perform and to provide 

customer support. Agencies agree to share their outreach schedules with each other for each 

fiscal year (and updates as appropriate) to prevent conflicting information dissemination, to 

promote efficiencies, and to minimize imposition on the resources and time of tribes and 

Individual Indian Mineral Owners (IIMO’s). Agencies will provide copies of inquiries from 

tribes and allottees to other affected agencies in a timely manner, and when appropriate. 


Onshore Energy and 

Mineral Lease 

Management 

Interagency SOP 

Attachment A 

Agency Responsibilities and 

Information Sharing 

FLUID MINERALS – INDIAN 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

TABLE OF CONTENTS 

ACRONYMS .....................................................................................................A-v 

I NONLEASING ACTIONS ....................................................................... A-1 

H Lease changes (modifications, readjustments, 

A Mineral potential valuation ............................................................. A-1 

B Location of trust lands .................................................................... A-1 

II PRELEASING ACTIONS ...................................................................... A-1 

A Business leases ............................................................................. A-1 

B Mineral potential evaluation ........................................................... A-1 

C Tract evaluation .............................................................................. A-1 

D List of leasable tracts ..................................................................... A-1 

E Tract selection ................................................................................ A-2 

F Fair Market Value ........................................................................... A-2 

G Lease terms ................................................................................... A-2 

H NEPA compliance .......................................................................... A-2 

I Geothermal resources .................................................................... A-1 

III LEASING ACTIONS .............................................................................. A-3 

A Sale notice ..................................................................................... A-3 

B Lease issuance .............................................................................. A-3 

C Assignment of record title ............................................................... A-4 

D Change in trust status .................................................................... A-5 

E Bonding .......................................................................................... A-5 

F Lease continuation ......................................................................... A-6 

G Lease consolidation or segregation ................................................ A-8 

resurveys, etc.)............................................................................... A-8 

I Lease termination, cancellation ...................................................... A-8 

J Expirations ..................................................................................... A-9 

IV FORMAL AGREEMENTS ..................................................................... A-9 

A Indian Mineral Development Act .................................................... A-9 

B Royalty-in-Kind ............................................................................. A-10 

C Tribal Energy Resource Agreements (TERA) .............................. A-10 

D Drainage ...................................................................................... A-10 

E Non-unitized secondary or tertiary production .............................. A-12 

F Communitization .......................................................................... A-12 

A-ii 
 

V 

Attachment A 

FLUID MINERALS – INDIAN 

TABLE OF CONTENTS 

G Unitization .................................................................................... A-13 

H Gas storage .................................................................................. A-16 

OPERATIONS ..................................................................................... A-16 

A Approval of Applications for Permit to Drill (APDs)....................... A-16 

B Geothermal – Approval of exploration and 

development plans ....................................................................... A-17 

C Change of operator ...................................................................... A-17 

D Operating rights ............................................................................ A-17 

E Site security diagrams and plans ................................................. A-17 

F First and last production ............................................................... A-17 

G Diligent development.................................................................... A-17 

H Disposal of produced water .......................................................... A-18 

I Approval of well deepening or plug-back ..................................... A-18 

J Well conversions .......................................................................... A-18 

K Other well status changes ............................................................ A-19 

L Determination of beneficial use .................................................... A-19 

M Volume and measurement ........................................................... A-19 

N Avoidable loss of royalty-bearing minerals ................................... A-20 

O Vented or flared............................................................................ A-20 

P Alleged theft ................................................................................. A-20 

Q Down hole abandonment ............................................................. A-20 

R Reclamation plan ......................................................................... A-20 

VI COLLECTIONS ................................................................................... A-21 

A Revenue collections and billings .................................................. A-21 

B Lease royalty rate adjustment ...................................................... A-23 

C Drainage assessments ................................................................. A-23 

D Royalty-in-Kind ............................................................................. A-23 

E Avoidably lost mineral assessments ............................................ A-23 

F Assessments ................................................................................ A-23 

VII REVENUE DISTRIBUTION .................................................................. A-23 

A Fund transfer ................................................................................ A-23 

B Provide collection data to BIA/OST/tribal accounts ...................... A-24 

C Tribal lockboxes ........................................................................... A-24 

D Explanation of Payments (EOP) to tribes ..................................... A-24 

E Data transfer and distribution to allottees ..................................... A-24 

F Payment and disbursement pending appeal ................................ A-24 

G Payment error resolution .............................................................. A-24 

Page A-iii 
Attachment A 

FLUID MINERALS – INDIAN 

TABLE OF CONTENTS 

VIII COMPLIANCE VERIFICATION ........................................................... A-25 

A Prepare and coordinate compliance strategy............................... A-25 

B Surface compliance ...................................................................... A-25 

C Production compliance ................................................................. A-26 

D Revenue compliance .................................................................... A-27 

E Distribution compliance ................................................................ A-27 

F Compliance documentation requests ........................................... A-28 

G Notice of noncompliance .............................................................. A-28 

IX NONCOMPLIANCE ENFORCEMENT AND RESOLUTION ................ A-28 

A Shut-in (order to cease production) .............................................. A-28 

B Civil penalties and assessments .................................................. A-28 

C Cancellation of leases .................................................................. A-28 

D Settlements .................................................................................. A-29 

E Interest on late payments ............................................................. A-29 

F Debt collection .............................................................................. A-29 

X PROTESTS AND APPEALS ................................................................ A-29 

A Resolution .................................................................................... A-29 

XI REPORTS AND INFORMATION SHARING ........................................ A-30 

A Industry reporting ......................................................................... A-30 

B Agency information sharing .......................................................... A-31 

C Bankruptcy notifications ............................................................... A-31 

D Allottee/tribal inquiries .................................................................. A-32 

E Outreach ...................................................................................... A-32 

F Training ........................................................................................ A-32 

Page A-iv 
 

Attachment A 

FLUID MINERALS – INDIAN 

ACRONYMS 

AFMSS Automated Fluid Mineral Support System 

APD Application for Permit to Drill 

BIA Bureau of Indian Affairs 

BLM Bureau of Land Management 

CA Communitization Agreement 

CFR Code of Federal Regulations 

CPI Consumer Price Index 

CRA Compensatory Royalty Agreement 

DM Departmental Manual 

DOJ Department of Justice 

EOP Explanation of Payments 

EPA Environmental Protection Agency 

FOGRMA Federal Oil and Gas Royalty Management Act of 1982 

GDP Geothermal Drilling Permit 

IEED Indian Energy and Economic Development 

I&E/PV Inspection and Enforcement/Production Verification 

ILCA Indian Land Consolidation Act 

IMDA Indian Mineral Development Act 

INC Incident of Noncompliance 

IPAC Inter-governmental Payment And Collection system 

KGRA Known Geothermal Resource Area 

KLA Known Leasing Area 

LAS Lease Account Status 

LMU Logical Mining Unit 

MLA Mineral Leasing Act 

MOU Memorandum of Understanding 

MSHA Mine Safety Health Administration 

MRMSS Minerals Revenue Management Support System 

NBC National Business Center 

NEPA National Environmental Policy Act of 1969 

NONC Notice of Noncompliance 

NPRA National Petroleum Reserve Alaska 

NTL Notice to Lessees 

OAC Office of Appraisal Services 

OCIO Office of the Chief Information Officer 

OIG Office of Inspector General 

OME Office of Mineral Evaluations 

ONRR Office of Natural Resources Revenue 

OSM Office of Surface Mining 

OST Office of Special Trustee for American Indians 

RIK Royalty-in-Kind 

RSFA Royalty Simplification and Fairness Act 

SF Standard Form 

TPAY Tribal lockbox payment 

Page A-v 
Attachment A 

FLUID MINERALS – INDIAN 

ACRONYMS 

UIC Underground Injection Control 

Page A-vi 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

I. NONLEASING ACTIONS I.A Mineral potential valuation 

S The Office of Mineral Evaluations (OME) serves the mineral asses

valuation needs of: • Indian Land Consolidation Act • American Indian Probate Reform Act • Legal statue or court request • Appraisal Services Directorate and the Office of Appraisal Servic• Economic development plans of a reservation-wide scope. BIA or IEED will request and fund OME to perform mineral assesseconomic valuation determinations. The agency funding OME marelease or authorize OME to release such assessments to tribes, aconsultation with tribes or allottees, to industry. 

I.B Location of trust lands 

S BIA will provide BLM with a list of all trust lands. The list is used by 

identity drainage, wells drilled without approval, and acreage detercommunization and unit agreements, etc. Within 60 days of a chaBIA will notify BLM. 

II. PRELEASING ACTIONS II.A Business leases S BIA is solely responsible for all facets of mineral business leases is

CFR Part 162. Collaboration with other agencies may be requesteMOUs. 

II.B Mineral potential evaluation 

S To determine if an area has future potential leasing possibilities, B

request a mineral potential evaluation from BLM. Within 60 days owill respond to BIA or IEED with time frames to complete the mineevaluation. Upon completion, BLM will provide BIA or IEED with a 

evaluation findings. BIA or IEED may, at their discretion, release orelease such evaluation to tribes, allottees, or in consultation with tindustry. When future potential leasing possibilities are evident, th

identify specific tract areas. 

II.C Tract evaluation F Within 60 days of a BIA request, BLM will complete an analysis of 

lease and will provide BIA with a written report of its findings. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

II.D List of leasable tracts S BIA will provide BLM a list of leasable tracts. 

II.E Tract selection F BIA will identify unleased tracts for leasing. BLM will notify BIA of d

unleased lands are located within a unit or communitization agreemto offer the subject lands for leasing. 

II.F Fair Market Value F Per Departmental Manual 516, OME is responsible for determining 

for mineral leasing purposes. However, when OME was created, fprovided for this function and until such time as funding is provided

remains BLM’s. Within 30 days of receipt of BIA's request, BLM wmarket value recommendation, which will include, at a minimum: rand minimum bonus. An existing MOU may specify different time 

II.G Lease terms F BIA will provide BLM and ONRR with a copy of proposed non-stan

negotiated lease terms. Within 30 days, BLM and ONRR will provBIA will perform follow-up consultations with BLM and ONRR regaof all their comments. 

II.H NEPA compliance F F The principle for determining the responsible agency for NEPA com

bureau taking the action"; e.g., BIA for lease approval, BLM for APLeasing of the trust mineral estate is solely BIA's responsibility; theresponsible for the preparation of NEPA documents necessary to s

Any NEPA compliance documentation prepared pursuant to 40 CF25 CFR 211.7) will also be in compliance with Departmental NEPA 43 CFR Part 46 and the appropriate Bureau Chapter of 516 DM. Bas a technical advisor. 

II.I Geothermal resources 

F The development of trust geothermal resources is currently limited 

Therefore, this attachment does not separately address geotherma

development. Provisions are in 25 CFR Parts 211, 212 and 225; in 3200; in Attachment B, section XII, Geothermal Leases; in Attachm

in Attachment H, “Renewable Energy Resource Development on Into approval, BIA will provide BLM and ONRR a copy of a proposed agreement. Within 30 days, BLM and ONRR will provide any comperform follow-up consultations with BLM and ONRR regarding the their comments. 

III. LEASING ACTIONS III.A Sale notice S BIA will send the BLM office that has jurisdiction over the trust min

of the sale notice. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

III.B Lease issuance S Within 30 days of issuance, BIA will send BLM a copy of the lease 

III.B.1 Bonus bid F BIA will, within 30 days after the lease sale data has been compile

lease bid has been accepted, provide the BLM office that has jurisdmineral estate the lease sale bonus bid, royalty rate and rental rate 

III.B.2 Rights-of-way S BIA is responsible for rights-of-way across trust properties, both on

lease. For non-trust properties, off-lease rights-of-way are the respsurface management agency. 

III.B.2a Surface damages 

S Within 30 days of BIA's request, the Office of Appraisal Services w

value of the trust surface estate. 

III.B.3 Surface use agreement 

F F The preparation, execution, and administration of surface use agre

the rules, regulations, and procedures of the responsible surface m

as follows: • Federal minerals/Indian surface (BIA) • Indian minerals/Federal surface (BLM) • Indian minerals/Indian surface (BIA) • Fee, State minerals/Indian surface (BIA) For split-estate trust surface, BIA must record the surface use agre

Land Title and Records Office within 30 days after execution. 

III.B.3a Bonding-on F F Absent the successful execution of a surface use agreement, the a

for the mineral estate will be responsible for the "bonding-on" proce

include annual payment disbursements to the surface owner when federal mineral estate, when mutually agreed between the BIA and assume BLM's responsibilities for the surface use agreement and annual payments required. 

III.C Assignment of record title 

F Prior to BIA's approval of an assignment of record title, BIA may as

whether the lessee is in non-compliance or default as a result of a subsurface operation. Within 30 days of a request, BLM will providhistory for the assignor and a recommendation on bond adequacy approval. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

Within 30 days of a BIA request, ONRR will provide BIA a statemeshows the assignor’s or the assignee's open receivables, both royainvoices, and available funds. ONRR will also advise BIA if rent anare current on the lease. ONRR will provide BIA system access to Warehouse, enabling BIA to view production and payment informafollow up on all underpayments. Within 30 days of approval, BIA will provide BLM and ONRR with a assignment. 

III.C.1 Record title inquiries 

S Within 30 days of ONRR's request, BIA will provide lessee of recor

table format. The information will be based on information submittcontained in BIA’s files. 

III.C.2 Assumption of a well by mineral trust owner 

F Within 30 days of a BIA request, BLM will provide a recommendati

the condition of the well, an estimate of remaining production, a fin

abandonment and reclamation, and a final value to the trust ownerBLM recommendation, operating equipment that is to remain with tstated, and an evaluation of its condition and usability for the contithe trust owner. Within 30 days of a BIA request, ONRR will provide BIA a statemeshows the assignor’s open receivables, both royalty reports and inavailable funds. ONRR will also advise BIA if rent and minimum rothe lease. ONRR will provide BIA system access to its Data Wareto view production and payment information. ONRR will follow up underpayments. 

III.D Change in trust status 

S When a producing lease has an increase in the portion of the land 

status, BIA will notify ONRR of the new fractional interest within 30 effective date. BIA will instruct the lessee to notify payors of the chof trust ownership. For information about a decrease in the trust pIII.D.1 Relinquishment of supervision. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

III.D.1 Relinquishment of supervision 

S This action decreases the portion of the land or minerals in trust st

days of the effective date, BIA will notify ONRR of a partial relinquisupervision or will notify BLM and ONRR of a full relinquishment of will instruct the lessee to notify payors of the change in the portion 

The period prior to relinquishment remains open for compliance anFor total trust relinquishment information, see section III.E.3 Bond 

III.D.2 Other trust ownership changes 

S These actions are redistributions of trust ownership percentages. 

from, i.e., ILCA, probate actions, or gift deeding. BIA will notify ONownership changes prior to the next ONRR royalty distribution. BIA 

lessee to notify payors of the change in trust ownership. 

III.E Bonding Lease Bonds include acceptable forms of security including, but no

irrevocable letters of credit, treasury securities, and certificates of 

III.E.1 Bond amount and acceptance 

F BIA may request a bond adequacy determination from BLM. BLM 

30 days. 

III.E.1a Bond reduction request 

F Within 30 days of a BIA request, BLM will provide pertinent informa

reduction requests. BIA may consult with ONRR regarding potenti

ONRR will determine the level of effort needed to review bond redubased on lease history and internal policies. Within 30 days, ONRthe actions necessary to provide assurance. Within 30 days after wONRR will notify BIA of their findings and if any additional actions a

III.E.1b Insufficient bond F BIA will monitor bonding sufficiency to cover operations, reclamatio

obligations and, when necessary, take action to increase bond amnotify BIA of bond insufficiency related to operations and reclamati

determination. 

III.E.2 Demand for performance 

F BLM (for operations) or ONRR (for royalty or bankruptcy) will notify 

a lease bond is necessary. BIA may consult with the Solicitor, and will respond to BIA within 30 days. Within 30 days of receipt of notor ONRR, or the Solicitor's opinion, BIA may demand performance 

BIA will send a copy of their decision to the initiating agency office. demand for performance on its own initiative, BIA will notify BLM aand ONRR have 30 days to report on any additional default. Whercompeting interest in the bond, royalty matters take precedence. BBLM and ONRR a copy of the demand letter. Responsibility for futo ONRR if only a rent or royalty-related debt remains after collecti

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

III.E.2a Demand status S Upon request, BIA will provide BLM and ONRR with a status repor

the bond. 

III.E.2b Demand payment 

S BIA will transfer appropriate funds to the respective agency within 

of funds that satisfy the demand requirements. 

III.E.3 Bond termination F BIA will consult with BLM and ONRR on all bond termination/relinq

to ensure that BLM has deemed the lessee's reclamations actions 

ONRR has collected all rents and royalties. Upon a BIA request, Bdetermine the level of effort needed to review bond termination reqlease history and internal policies. Unless other time frames are ndays, BLM and ONRR will notify BIA of the actions necessary to pr

Within 30 days after work completion, BLM and ONRR will notify Band if any additional actions are necessary. Note: Timing requires further discussion with the Solicitor about hobond and about a reasonable standard to release a bond. 

III.F Lease continuation III.F.1 Extensions – drilling, discovery on segregation, elimination from agreement 

F BLM will notify BIA within 30 days of well status determination. BIA 

and ONRR with a copy of their decision within 30 days. 

III.F.2 Release S BIA will provide BLM and ONRR with a copy of the “release” decis

211.51. (c)) within five working days of their approval. 

III.F.3 Production J J J BLM will provide BIA and ONRR with the first production notice wit

after receiving a notification of production from the operator. BIA wwith a copy of the lease contract and related documents within 10 receipt of the first production notice. BLM will update AFMSS within 10 working days of well status chanwell reference data to ONRR weekly. ONRR will make its automatinformation available in electronic format to IEED monthly. ONRR production data to BLM weekly. ONRR will also use AFMSS to peupdate production reports. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

III.F.4 Suspension of operations and/or production 

F BLM will make a recommendation to BIA on suspension of operatio

production. BIA will provide a copy of the suspension of operations and/or proddocument to BLM and ONRR within 30 days of approval. Within 30 days of lifting a suspension, BIA will provide a copy of th

document to BLM and ONRR. BIA will notify ONRR within 30 days to modify financial terms due tlifting of the suspension of operations and/or production if there hachanges to lease-level obligations (rent, minimum royalty, advance 

III.F.5 Relinquishment F BIA may request a lease inspection from BLM. Within 30 days of t

will notify BIA and ONRR of any operational or production reporting Within 30 days of a BIA request, ONRR will provide BIA and BLM waccount for the lessee that shows open receivables, both royalty re

and available funds. ONRR will also advise BIA if rent and minimucurrent on the lease. ONRR will follow up on all underpayments. BIA will provide a lease relinquishment document to BLM and ONRthe decision. 

III.G Lease consolidation or segregation 

F BIA will consult with BLM and ONRR if one or more of the leases a

will notify BLM and ONRR within 10 working days of approval. 

III.H Lease changes (modifications, readjustments, resurveys, etc.) 

F BIA may request a lease status review from BLM. Within 30 days 

will notify BIA and ONRR of any operational or production reporting Within 30 days of a BIA request, ONRR will provide BIA a statemelessee that shows open receivables, both royalty reports and invoi

funds. ONRR will also advise BIA if rent and minimum royalty are 

lease. ONRR will follow up on all underpayments. Prior to approval, BIA will contact BLM if the modification could affe

BIA will contact ONRR if the modification could affect financial termBLM and ONRR a copy of the modification and amendment within approval. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

III.H.1 Non-standard terms 

F Prior to approval, BIA will provide BLM and ONRR with a copy of p

standard lease terms. Within 30 days, BLM and ONRR will provide BIA will perform follow-up consultations with BLM and ONRR regaof all their comments. BIA will send BLM and ONRR a copy of the within 30 days of approval. 

III.H.2 Financial obligation adjustments 

S Prior to approval, BIA will provide ONRR with a copy of proposed f

adjustments. Within 30 days, ONRR will provide any comments. Bfollow-up consultations with ONRR regarding the resolution of all thwill send ONRR a copy of the financial obligation adjustments withapproval. 

III.I Lease termination, cancellation III.I.1 Termination F BIA may request a lease inspection from BLM. Within 30 days of t

will notify BIA and ONRR of any operational or production reporting Within 30 days of a BIA request, ONRR will provide BIA a statemelessee that shows open receivables, both royalty reports and invoi

funds. ONRR will also advise BIA if rent and minimum royalty are 

lease. ONRR will follow up on all underpayments. 

BIA will notify BLM 30 days before executing a proposed terminatio

notify BLM and ONRR within 30 days of the termination. 

III.I.2 Cancellation F Prior to BIA cancelling a lease, BIA will request a lease inspection 

30 days of the request, BLM will notify BIA and ONRR of any opera

production reporting deficiencies. Within 30 days of a BIA requestBIA with a statement of account for the lessee that shows open recroyalty reports and invoices, and available funds. ONRR will also a

and minimum royalty are current on the lease. ONRR will follow up underpayments. BLM and ONRR will coordinate on the production reporting requiredisposition of the remaining inventory. 

III.I.2a Royalty liability F After consultation with the Solicitor, ONRR may request that BIA ca

royalty liability. See section IX.C Cancellation of leases 

III.J Expirations 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

III.J.1 Expiration of primary term 

F Within 30 days after the end of the primary lease term, BIA will not

lease expiration. Within five working days of BIA notification, BLM drilling commenced prior to midnight on the lease expiration date. 

III.J.2 Cessation of production 

F Within 120 days of production cessation, BLM will notify BIA. With

determination of lease expiration, BIA will provide BLM and ONRR decision. 

IV. FORMAL AGREEMENTS IV.A Indian Mineral Development Act 

F See Attachment F “BLM/BIA/ONRR Responsibilities and Procedur

IV.B Royalty-in-Kind F BIA will consult with BLM and ONRR before signing an RIK agreem

responsible for authorizing and administering an Indian RIK contra

of approval of the RIK agreement, BIA will provide BLM and ONRR and ONRR will perform their respective duties as though it was an Contractual terms that BLM or ONRR cannot enforce will be referreenforcement. See section VI.D Royalty-in-Kind. 

IV.C Tribal Energy Resource Agreements (TERA) See future SOP attachment for TERAs. 

IV.D Drainage S BLM will perform a drainage review on Indian lands. BLM will advis

potential drainage situation. Within 30 days of a final drainage detprovide BIA with a memorandum and supporting documentation to action, with a copy to ONRR. The BLM memorandum will contain and the date when drainage began. 

IV.D.1 Leased lands For drainage on leased lands, ONRR will collect compensatory roy

payment of compensatory royalty assessments. 

IV.D.1a Corrective J J J actions 

Corrective actions that can be taken are: 

• drilling a protective well, and payment of compensatory royalty 

past drainage; 

• entering into a Unit or Communitization Agreement with an effe

drainage; or 

• relinquishment of the lease and payment pursuant to a compen

assessment. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

Within 30 days of determination of a corrective action plan, BLM wONRR. 

IV.D.1b Production and royalty verification 

J J BLM will provide ONRR, and upon request BIA, with the monthly v

information for past drainage. ONRR will assign a value to those vappropriate parties for compensatory royalty due. BLM will verify the quantity and quality of the drainage in accordaninspection and enforcement strategies. ONRR will collect compensatory royalty from the lessee. ONRR w

amounts paid are accurate in accordance with ONRR's compliance Within 30 days after ONRR resolves OGOR discrepancies, ONRR 

IV.D.1c Notification of cessation of drainage 

J J BLM will notify BIA and ONRR within 30 days when the offending w

A, or a protective well has commenced production. BIA will notify within 30 days when the Indian lease is committed to an agreemen

IV.D.2 Unleased lands For drainage on unleased lands, ONRR will collect royalties throug

Royalty Agreements (CRA). 

IV.D.2a Corrective actions 

F Corrective actions that can be taken include

 • issue a lease (see section IV.D.1 Leased lands); • Issue a CA and then immediately invoke the 8/8ths provision of 

• execute a CRA Within 30 days of determination of a corrective action plan, BIA wilONRR. 

IV.D.2b Review of CRA provisions 

J J BLM and BIA will consult on the terms and conditions of the CRA. 

IV.D.2c CRA approval S BIA will provide a copy of the agreement to BLM and ONRR within 

approval. 

IV.D.2d CRA Production and royalty verification 

F F BLM will provide ONRR, and upon request BIA, with the monthly v

information for past drainage. ONRR will assign a value to those vappropriate parties for compensatory royalty due. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

BLM will verify production from Indian/Federal, State and fee wellsONRR will verify royalty paid. Within 30 days after ONRR resolves the OGOR discrepancies, ON

BLM. 

IV.D.2e Cessation of drainage 

F BLM will notify BIA within 30 days of the cessation of drainage for t

terminate the CRA. Within 30 days of BIA termination of the CRA, and ONRR. 

IV.E Non-unitized secondary or tertiary production 

F BLM will provide BIA and ONRR a first production notice within 10 

receiving a notification of production from the operator. Upon requONRR a copy of the lease contract or approved lease-basis seconproduction recovery agreement. BLM will include a paragraph in thto instruct the operator to notify the appropriate payors of ONRR’s requirements. BLM will update AFMSS within 10 working days of wand provide well reference data to ONRR weekly. 

IV.F Communitization F Within 30 days of a BIA request, BLM will perform a technical revie

recommendation. (This section does not apply to the Five Civilized Court Leases.) 

VI.F.1 State field rules or pooling 

S BLM will affirm that the field rules are adequate to protect trust reso

IV.F.2 Approval F BLM will provide a recommendation to BIA within 30 days of receip

Communitization Agreement (CA). BIA and BLM jurisdictional officCommunitization Agreement number using BLM serial numbers. Within 10 working days after approval, BIA will provide BLM and Othe approved agreements and affected Indian leases. BIA's approval letter will instruct the operator to notify the appropriaONRR's royalty reporting requirements. BLM will update AFMSS wdays after approval, and provide well reference data to ONRR wee

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

IV.F.3 Determination of first/last production 

S Within 10 working days of receipt of the operator's Sundry Notice e

last production, BLM will provide BIA and ONRR with the first or laBIA will provide ONRR with a copy of the lease contract and relate10 working days after receipt of the first production notice. BLM w

within 10 working days after a well status change, and provide welONRR weekly. 

IV.F.4 Lease termination within an active CA 

S When BIA terminates a lease committed to a CA, any new lease is

CA. BIA will notify BLM and ONRR within 10 working days upon leand within 10 working days after issuance of a new lease. 

IV.F.5 CA Termination S BLM will notify BIA and ONRR within 10 working days of CA last p

determination, and will recommend termination of the CA and the a

BIA will notify BLM and ONRR within 30 days of the terminations. 

IV.F.6 Change of operator 

S BIA will notify BLM of a change of operator and provide BLM a cop

document within 30 days of approval. BLM will update AFMSS witof BIA's notification, and will provide successor of operator data to along with well reference data. 

IV.G Unitization IV.G.1 Designation of logical unit area 

S BLM will perform a technical review of the proposed unit area, and 

recommendations to the BIA for designation of the unit area. 

IV.G.2 Agreement application submittal 

F Within 10 working days of receipt, BLM will send a proposed unit a

and, if it is other than the model form, will send the agreement to O30 days, ONRR will review and comment. BLM will perform followwith ONRR on their comments. 

IV.G.3a Final approval or expansion of exploratory agreement (Indian unit agreement approved by BIA) 

F BLM will provide a recommendation to BIA on a unit agreement (43 

onshore oil and gas unit agreements; unproven areas). BLM jurisdassign a unit agreement number using a BLM serial number. Upo

unit agreement, BIA will notify BLM. BIA will provide a copy of appto ONRR within 10 working days after an approval. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

IV.G.3b Final approval or expansion of exploratory agreement (BLM approved federal unit agreement with Indian lease participation) 

J J BLM will provide a recommendation to BIA. BIA must concur withi

to include the Indian lease in the agreement. BIA and BLM will apagreement by signing the certification determination page. A BLM will assign a unit agreement number using a BLM serial number. Bcopy of approved agreements to ONRR within 10 working days aft

IV.G.4 Approval of secondary or tertiary unit 

S See sections IV.G.3a and IV.G.3b Final approval or expansion of e

agreement. BLM will update AFMSS within 10 working days after provide well reference data to ONRR weekly. BIA approval will insoperator to notify the appropriate payor(s) of ONRR’s royalty repor

IV.G.5 Secondary agreement allocation change 

S BLM will notify BIA and ONRR within 10 working days after BLM’s 

allocation schedule change. BLM will monitor cumulative productionotify ONRR of phase changes within 30 days after a determinatio

IV.G.6 Change of operator or sub-operator 

S BIA will notify BLM of a change of operator or sub-operator and pro

the action document within 30 days of approval. BLM will update Aworking days of BIA's notification, and will provide successor of opONRR weekly, along with well reference data. (For Federal units, Final approval or expansion of exploratory agreement (BLM appro

agreement with Indian lease participation). 

IV.G.7 Bond adequacy F BIA may request that BLM review the bond adequacy. BLM will re

days of receipt of a request. 

IV.G.8 Plan of development 

S BLM will notify BIA within 10 working days of approval. 

IV.G.9 First production J J BLM will provide BIA and ONRR with the first production notice wit

after determination of first production for the agreement. BLM will 

within 10 working days after a well status change, and will provide to ONRR weekly. See section IV.G.3a Final approval or expansion agreement (Indian unit agreement approved by BIA). 

IV.G.10 Paying well determination 

S Within 10 working days of BLM's paying well determination, BLM w

ONRR. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

IV.G.11 Nonpaying unit well determination 

S Within 10 working days of a nonpaying unit well determination, BLM 

ONRR of its determination. See section III.F.3 Production if a non

the first discovery of production on a lease. 

IV.G.12 Amendments F F See sections IV.G.3a Final approval or expansion of exploratory ag

unit agreement approved by BIA) and IV.G.3b Final approval or exexploratory agreement (BLM approved federal unit agreement with participation). 

IV.G.13 Participating area actions including initial, expansion/ contraction, consolidation, termination 

F Within 10 working days of the action, BLM will provide a recommen

approval. BIA will provide BLM and ONRR with a copy of all partic

within 10 working days of the decision. BIA's approval letter will into notify the appropriate payor(s) of ONRR's royalty reporting requ

IV.G.14 Segregation of part of a lease from a unit 

F Segregation may be vertical or horizontal, depending on the lease 

approve the segregation, and will provide ONRR and BLM with doc

10 working days of approval. 

IV.G.15 Unit contraction F F See sections IV.G.3a Final approval or expansion of exploratory ag

unit agreement approved by BIA) and IV.G.3b Final approval or exexploratory agreement (BLM approved federal unit agreement with participation). 

IV.G.16 Termination/ cancellation 

F The agency issuing the final decision (see sections IV.G.3a Final a

expansion of exploratory agreement (Indian unit agreement approvIV.G.3b Final approval or expansion of exploratory agreement (BLunit agreement with Indian lease participation)) will provide BIA, BLappropriate, documentation within 10 days of an action. 

IV.H Gas storage F Within 60 days of receiving a BIA request, BLM and ONRR will pro

BIA on developing a new or re-negotiated Gas Storage Agreementincludes advice on: the engineering; geological, economic, and ac

value of any native gas; performance clauses; penalties; terminatiocontract items related to the operation of a gas storage field. 

IV.H.1 Review F BLM and ONRR will provide comments in response to BIA's reque

after receiving BIA’s draft Gas Storage Agreement. BIA will perforconsultations with BLM and ONRR on their comments. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

IV.H.2 Approval S No documentation is needed by BLM or ONRR because a Gas Sto

a business lease, and approval is the sole responsibility of BIA. 

IV.H.3 Reporting F The terms of the agreement and regulations will determine reportinIV.H.4 Native gas J J Native gas volumes are reported separately from injection and with

The operator reports native gas volumes to ONRR, via a mineral le

reports injection and withdrawal volumes to BIA, via a business lea

V. OPERATIONS V.A Approval of Applications for Permit to Drill (APDs) 

F BLM has the authority for approval of all APDs for fluid mineral dev

Federal onshore and Trust lands. BLM will process APDs accordinand Gas Order Number 1. BIA will provide comments and conditioappropriate. See the principles for NEPA compliance under II.H NEPA complian

agency and the BLM field or district office (or higher organizational encouraged to develop a side MOU to define their respective roles for implementation of NEPA requirements to support the APD. In tside MOU, BLM is responsible for ensuring compliance with all facAPDs. BLM is responsible for the administration and acceptance of reclam

since the provisions of the APD include a reclamation plan. 

V.B Geothermal – Approval of exploration and development plans 

F BLM has the authority for approval of GDPs and Geothermal Plans 

under 43 CFR Part 3260 pursuant to 25 CFR Part 212.4. BLM will prior to approving a plan. Within 30 days of BLM's request, BIA wicomments. 

V.C Change of operator S BIA will notify BLM of a change of operator, and will provide BLM a 

document within 30 days of approval. BLM will update AFMSS witof BIA's notification, and will provide successor of operator data to along with well reference data. 

V.D Operating rights S Pursuant to 25 CFR Part 211.53, no operating rights shall be assig

transferred, without the consent of the Secretary. When operating 

requested by BLM or ONRR, within 30 days BIA will provide copies 

information submitted by industry to BIA. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

V.E Site security diagrams and plans 

S BLM will provide a site security diagram and plan to BIA or ONRR 

their request. 

V.F First and last production 

S First Production: BLM will provide BIA and ONRR with the first pro

within 10 working days after receiving a notification of production fr

BIA will provide a copy of the lease document to ONRR within 10 w

receipt of BLM's first production notice. Last Production: Within 10 working days of determination, BLM wiONRR that production in paying quantities has ceased. BLM will aONRR of any remaining inventory on the lease or agreement. BLM will update AFMSS within 10 working days of well production 

provide well reference data to ONRR weekly. 

V.G Diligent development 

S BLM will periodically, or upon request, review Indian lease operatio

diligent development in accordance with the guidelines and proced

the BLM’s Indian Diligence Manual. 

V.H Disposal of produced water 

F BLM will authorize disposal of produced water in accordance with t

conditions of the APD and with Onshore Order Number 7. BLM wiand the Tribes to obtain conditions of approval prior to authorizatiomay become involved, depending on the method of disposal; e.g., When a split estate with Federal minerals and Trust surface is invoconsult with BIA to obtain conditions of approval for the surface usto authorization. 

V.I Approval of well deepening or plug-back 

S If there is no new surface disturbance, pursuant to 43 CFR Part 31

sole responsibility. If the operator proposes new surface disturban

Approval of APDs. BLM will update AFMSS within 10 working day

completion and provide well reference data to ONRR weekly. 

V.J Well conversions S BLM will update AFMSS within 10 working days of well conversion

reference data to ONRR weekly. 

V.J.1 Water disposal 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

V.J.1a On lease J J The operator will file a Notice of Intent to Convert to Injection on Fo

with BLM. In accordance with BLM Onshore Order No. 7, the operUnderground Injection Control (UIC) permit from the EPA, the EPAagent, or, where the tribe has primacy, from the tribe. BLM will revto ensure technical and administrative accuracy and will approve oconcurrence. BLM will send BIA a copy of the form, affected leasedocuments within 10 working days of approval. 

V.J.1b Off lease F The operator will file an application for a business lease with BIA. 

document to ensure technical accuracy. The operator must obtain the EPA, the EPA's designated agent, or, where the tribe has prim

V.J.2 Production enhancement 

F The operator will file a Notice of Intent to Convert to Injection on BL

with BLM. In accordance with BLM Onshore Order No. 7, the operUIC permit from EPA, the EPA's designated agent, or, where the tr

from the tribe. BLM will review the document to ensure technical aaccuracy and will approve only with BIA concurrence. BLM will sethe form, affected lease(s), and supporting documents within 10 woapproval. 

V.J.3 Water supply well J J BLM will approve a well converted to water supply on a lease site w

concurrence. A tribal lease will require tribal concurrence. At the rIndian mineral owner, BLM will approve plugging a dry hole or an eproducing well back to the fresh water zone. BIA must concur. 

V.K Other well status changes 

S BLM will notify BIA of long-term well status changes within five wor

approval. BLM will update AFMSS within 10 working days of well sprovide well reference data to ONRR weekly. 

V.L Determination of beneficial use 

F BLM will notify ONRR of inappropriate claims of beneficial use with

of adjudication. ONRR will refer any unapproved or excessive benfound during compliance activities to BLM for verification. BLM wilwithin 10 working days with the results of their research. 

V.M Volume and measurement 

S BLM will verify production from Indian/Federal and, when appropria

wells. 

V.M.1 Standard of accuracy 

S BLM is responsible for ensuring that a measurement is in complian

Standard of Accuracy. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

V.M.2 Departure from equipment accuracy standard 

S BLM has the authority to approve a departure from the established 

V.M.3 Meter proving and calibration 

S BLM will ensure that meter-proving is performed by industry in acc

established standard. 

V.M.4 Off-lease measurement 

S BLM has the authority to approve off-lease measurement. To supp

compliance activity, BLM will provide copies of an off-lease measuwithin 30 days of an ONRR request. 

V.M.5 Surface commingling 

S BLM has the authority to approve surface commingling. 

V.M.6 Sub-surface commingling 

F Pursuant to 43 CFR 3162.3-2, BLM has sole responsibility. BLM w

within 10 working days of sub-surface commingling approval or wh

interval or zone is affected and will provide well reference data to O

Within 30 days of sub-surface commingling approval, BLM will noti

V.N Avoidable loss of royalty-bearing minerals 

J J BLM will make a determination if an avoidable loss of production h

will notify BIA within 10 working days that a loss occurred. Within 3specific volume details from BLM, ONRR will take collection action requested, will provide copies of the bill to BIA and BLM. 

V.O Vented or flared S BLM has the authority to approve venting and flaring in accordance 

section III. ONRR will refer apparent excessive vented or flared vocompliance activities to BLM for verification. BLM will respond to Oworking days with the results of their research. 

V.P Alleged theft S BLM will pursue alleged theft in accordance with BLM instructional 

responsibility includes alleged employee misconduct. BLM will docinspection related to alleged theft in AFMSS and will follow establis

V.Q Down hole abandonment 

F BLM will advise BIA of the operator's intent for down-hole abandon

respond within 30 days of the trust owner's request for other purpobore. BLM approves the plugging procedures and ensures proper abandonment. Within 30 days of abandonment acceptance, BLM w

and will provide well reference data to ONRR weekly. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

V.R Reclamation plan F BLM is responsible for the administration and acceptance of reclam

since the provisions of the APD include a reclamation plan. 

V.R.1 Approval F See section V.A Approval of APDs. BLM will use BIA reclamation 

evaluating the operator’s restoration plan, or any modification thereBIA will notify BLM within 30 days when BIA reclamation standards 

V.R.2 Monitoring F BLM will monitor for reclamation plan compliance, consistent with t

side MOUs related to approvals of APDs. See section V.A Appro

V.R.3 Acceptance of reclamation 

F BLM will advise BIA of BLM's intent to accept the reclamation activ

agreement and, when requested by BIA, will coordinate a joint inspdays, BIA will respond with any concerns regarding the reclamation will notify BIA and the operator of acceptance of reclamation. 

V.R.4 Release of bond F See section III.E.3 Bond termination. VI. COLLECTIONS VI.A Revenue collections and billings VI.A.1 Leases VI.A.1a Bonus J J BIA will bill, collect, and account for bonuses on all Indian fluid min

otherwise specified by the mineral estate owner and approved by t

superintendent. BIA will deposit accepted bonus bids into an OSTaccount. 

VI.A.1b Rentals J J J BIA will bill, collect, and account for rental on a lease prior to BLMs 

production. BIA will deposit rentals into an OST-managed trust ac

provides ONRR with a notice of first production, ONRR will collect, deposit rentals into an OST Treasury account. ONRR will bill late on producing leases. Tribal lease direct pay: The tribe will collect and account for all renproducing or not. 

VI.A.1c Royalties F ONRR will collect, account for, and deposit royalties into an OST T

all Indian producing leases and agreements. ONRR will bill for late royalties. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

Tribal lease direct pay: The tribe will collect, and ONRR will accoufrom Tribal direct pay leases. 

VI.A.1d Compliancebased collections F ONRR will bill, collect, and account for additional royalties resulting 

activities. Within 30 days of a request from BIA or a trust mineral oshare compliance collection information. 

VI.A.1e Other collections J J BIA will bill, collect, and account for other lease related revenue, e

damages, unless otherwise specified by the mineral estate owner athe BIA superintendent. BIA will deposit these collections into an Oaccount. 

VI.A.1f Recoupment policy

 F ONRR will enforce recoupment procedures in accordance with ON

regulations, and policies. 

VI.A.2 Allotted Lease Direct Pay For allotted leases with direct pay, lessees or their designees subm

directly to the lease owner rather than through ONRR. 

VI.A.2a Authority S A mineral owner may request that BIA require the payor to make d

that mineral owner. BIA will approve or deny direct pay requests. will update their ownership records to reflect that this mineral owneallocation of revenues paid through ONRR. Within 30 days of appONRR. 

VI.A.2b Information exchanges 

J J The payor will report the corresponding royalty transaction(s) to ON

with ONRR reporting requirements. Within 30 days of a request froprovide a listing of direct pay authorizations. 

VI.A.2c Authority verification 

J J Within 30 days of identification, BIA will notify ONRR when unappr

payments occur. Within 30 days of receipt of BIA notification, ONRpayor to correct reports and remit payment deficiencies. 

VI.B Lease royalty rate adjustment 

S BIA will notify ONRR within 30 days of royalty rate adjustment. An 

an adjustment is an annual modification based on the Consumer P

VI.B.1 Variable royalty rate S BIA will notify ONRR of a royalty rate change within 30 days of app

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

VI.B.1a Countable wells S Within 30 days of an ONRR request, BLM will determine the numb

wells, and will notify ONRR of their determination. 

VI.B.1b Continuation of variable rate 

S Within 30 days of an ONRR request, BLM will determine productio

notify ONRR of their determination. 

VI.C Drainage assessments 

F Within 30 days of receiving a final drainage determination from BL

a bill and will send a copy of the bill to the originating BLM office. Tassessment” and “compensatory royalty assessment” are synonym

VI.D Royalty-in-Kind J J J For Indian leases in which royalties are paid in kind, ONRR will req

lessee or their designee a royalty report and the operator's OGOR ONRR will follow their normal processes to ensure compliance. BLrefer any contractual terms that they cannot enforce to BIA for enfo

VI.E Avoidably lost mineral assessments J J Within 30 days of receiving BLM's determination of avoidably lost m

bill for royalty compensation and will send a copy of the bill to the ooffice. Upon request, ONRR will notify BIA and the originating BLM 

resolution. 

VI.F Assessments F Prior to disbursement, ONRR will notify BIA and the originating BL

assessment resolution. 

VII. REVENUE DISTRIBUTION VII.A Fund transfer J J ONRR will transfer all Indian lease funds to an OST Treasury acco

business day after receipt, if received prior to the ONRR cut-off timfunds to a tribe's account within one (1) business day of notification 

VII.B Provide collection data to BIA/OST/tribal accounts 

J J J ONRR will provide all Indian lease collection data to OST by the ne

following the deposit date. ONRR will summarize collection data btribal and allotted Treasury accounts, and provide a schedule of triWithin five working days, ONRR will send OST documentation to scollections data provided to OST. 

VII.C Tribal lockboxes S Certain tribes have authorization to receive their funds directly. ON

with BIA and OST for tribal lockbox requests. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

VII.D Explanation of Payments (EOP) to tribes 

S ONRR will provide a financial distribution report (Explanation of Pa

the Tribes no later than the 10th of the month following the month orequired by 30 CFR Part 1219.104. 

VII.E Data transfer and distribution to allottees 

S Twice monthly, ONRR will provide the financial distribution report t

create the EOPs for mineral owners. 

VII.E.1 Creation and mailing of Explanation of Payments (EOP) to allottees 

J J When the financial distribution report is received from ONRR, BIA 

revenue to the TAAMS ownership file, and create an Explanation o(EOP) showing the distribution for each mineral owner. OST will pEOP to each fund recipient. 

VII.E.2 Payment posting and funds disbursement 

F OST will transfer the funds from the OST treasury account to eithe

owner’s IIM account, or make payment via check or ACH to the mi

VII.E.3 Data business rules 

F An allottee transaction reported to BIA by ONRR will be a net zero 

for the lease. ONRR will suspend negative transactions until ONRresolution with the industry reporter. 

VII.F Payment and disbursement pending appeal 

S ONRR will require either a payment or surety bond in lieu of payme

bill. If ONRR receives revenue on an appealed bill, ONRR will forw

OST for investment, but ONRR will not provide BIA with distributioresolution is reached. 

VII.G Payment error resolution 

F F F Payment errors are resolved by the appropriate agency using their 

and regulations. 

VIII. COMPLIANCE VERIFICATION VIII.A Prepare and coordinate compliance strategies 

J J BLM and ONRR will provide each other with copies of an annual c

plan. BLM and ONRR will coordinate requests for joint compliance and ONRR may contract with a tribe to perform compliance activitiPublic Law 95-638 and FOGRMA Section 202. Upon request, BLM notify the appropriate agencies and the lessee of compliance actio

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

VIII.A.1 Allottee/tribal J J J Tribes not covered by FOGRMA 202 agreements, and allottees, m

compliance requests determine lease term compliance, BLM perform surface complianc

verification, and ONRR assess royalty compliance. (Side MOUs mresponsibilities, as discussed in the cover memorandum.) Request

agency without jurisdiction will be forwarded to the appropriate agebusiness days. Within 30 days, agencies will respond to requestortheir request. The responsible agency provides copies of the requresponse to other agencies as appropriate. 

VIII.A.2 Other J J BLM performs surface and production compliance activities and O

compliance requests royalty compliance activities and will coordinate appropriate produc

aspects with BLM. Upon request by an individual or organization wand ONRR will determine the level of effort needed to complete cobased on lease history and complexity. Unless other time frames awithin 30 days BLM and ONRR will notify the requestor of the actioan expected completion date. Within 30 days after work completiowill notify the requestor of their findings and whether additional act

to achieve compliance. 

VIII.B Surface S BLM has sole responsibility for all inspection and operations-relate

compliance all Federal and Indian lands, in accordance with Federal regulation

and NTLs on well pads, approved ancillary facilities, and associateand rights-of-way. Side MOUs may govern agency responsibilities 

Approval of APDs). BLM will retain oversight authority on contracted (i.e., P.L. 93-638) FOGRMA Section 202) inspections in accordance with Federal reg

Orders, NTLs and BLM's annual strategy. 

VIII.B.1 Undesirable events 

J J BLM and ONRR will process undesirable events, i.e., spills and av

accordance with Federal rules, regulations, Onshore Orders, and Nmake volume determinations, and within 30 days BLM will provide to ONRR for valuation and collection. BLM will assure surface rec

accordance with reclamation requirements as defined in the APD. 

V.N Avoidable loss of royalty-bearing minerals and VI.E Avoidably 

assessments 

VIII.C Production compliance 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

VIII.C.1 Production volume verification 

J J BLM will verify production from Indian/Federal and, when appropria

wells. Within 30 days of a request, BLM and ONRR will coordinate share results. When requested, BLM and ONRR will coordinate siBLM will request the operator to modify OGORs when a volume diIf the operator fails to comply, BLM will request ONRR to issue an 

Within 30 days of resolution of the Order to Report, ONRR will noti

BLM office. 

VIII.C.1a Production volume reporting verification 

S ONRR will perform Form ONRR-2014 and OGOR sales volume co

request reporter corrections, when necessary, in accordance with Oregulations, and policies. ONRR will provide updated production d

VIII.C.1b Production inventory verification 

F Within 30 days of a request from ONRR, BLM will validate inventor

VIII.C.1c Vented and flared volume verification 

F BLM will monitor vented or flared volumes, and will notify ONRR of 

unacceptable volumes. BLM will request that the operator modify vented or flared volumes are either unapproved or unacceptable. to comply, BLM will request that ONRR issue an Order to Report athe operator to report and pay any royalties due. Within 30 days oOrder to Report, ONRR will notify the originating BLM office. ONRissues with vented or flared volumes found during audits and compBLM for resolution. BLM will respond within 30 days. 

VIII.C.2 Used on lease verification 

F BLM will request the operator to modify OGORs when volumes use

unacceptable. If the operator fails to comply, BLM will request that Order to Report. Within 30 days of resolution of the Order to Repo

the originating BLM office. ONRR will refer any issues with used ofound during audits and compliance reviews to BLM for resolution. within 30 days. 

VIII.C.3 Missing production reports 

F BLM will request ONRR to issue an Order to Report for missing re

does not resolve the issues with the operator. ONRR will issue an within 30 days of the request, and will send a copy of the order to toffice. Within 30 days of a BLM request, ONRR will respond on th

resolution of the order. 

VIII.D Revenue compliance Revenue compliance activities may include audit, compliance revie

verification of financial lease terms, interest billing, etc. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

VIII.D.1 Leasing revenue verification (non-royalties) 

S BIA will verify non-royalty lease revenues; i.e., pre-production rent, 

damages, off-lease rights-of-way, and other revenue, in accordancregulations, and policies. 

VIII.D.2 Rent and royalty verification 

S ONRR will verify that rents and royalties are paid in accordance wi

regulations, and policies. 

VIII.D.2a Commodity price and allowances 

S ONRR will verify reported commodity prices and claimed allowance

with ONRR rules, regulations, and policies. 

VIII.D.2b Verification of royalty rate 

S ONRR will verify the accuracy of reported royalty rates. BLM and O

coordinate as necessary. BLM will respond to an ONRR request w

VIII.D.3 Gas storage fees S BIA is responsible for verifying gas storage injection and withdrawa

proper payment verification. See section IV.H Gas storage 

VIII.E Distribution compliance VIII.E.1 Leasing revenue J J BIA and OST will verify lease revenue distributions in accordance w

regulations, and policies. 

VIII.E.2 Royalty revenue J J J In accordance with agency rules, regulations, and policies, ONRR 

distribution files are accurate, and BIA and OST will ensure distribuallottees are accurate. 

VIII.F Compliance documentation requests 

J J Upon request, each agency will provide a copy of documents, e.g.

compliance related documents, to respective offices, and to States under delegated and cooperative agreements, at no cost, pursuan

1711(c)(3). 

VIII.G Notice of noncompliance 

F F F BIA, BLM, and ONRR may issue a noncompliance notification in th

areas of responsibility. The originating office will forward the notific

agencies within 30 days. 

IX. NONCOMPLIANCE ENFORCEMENT AND RESOLUTION 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

IX.A Shut-in (order to cease production) F BLM may initiate, or BIA or ONRR may request, an order to an ope

well or to cease production. BLM will coordinate with BIA, dependand urgency, and will issue the shut-in order. BLM will perform folconsultations with BIA or ONRR regarding their request. Within 30 to shut in or cease production, BLM will provide a copy of the orde

IX.B Civil penalties and assessments 

J J J BIA, BLM, or ONRR may impose civil penalties and assessments i

areas of responsibility. Within 30 days of a BIA, BLM or ONRR req

provide appropriate documentation to the requestor. 

IX.C Cancellation of leases IX.C.1 Violations of BIA regulations 

F BIA will coordinate with BLM and ONRR for any lease cancellation

BLM and ONRR within 30 days of a proposed lease cancellation. III.I.2 Cancellation 

IX.C.2 Violations of BLM or ONRR regulations 

F ONRR may request that BIA cancel a lease due to royalty liability, 

request that BIA cancel a lease due to operational deficiencies, whgain compliance have failed. BIA may request BLM or ONRR to pof actions taken to date. If BIA requests supporting documentationwill provide such documentation within 30 days. BLM, BIA and ONSolicitor's Office in handling judicial proceedings (25 CFR 211.54; 3108.3(b)). Within 30 days of a BLM or ONRR lease cancellation provide a summary of actions taken to date, or will notify BLM and proposed lease cancellation. 

IX.D Settlements F While negotiating a settlement agreement, ONRR may request info

and BLM. Within 30 days of an ONRR request, BIA and BLM will pinformation. The Assistant Secretary for Indian Affairs will sign all 

agreements. Within 30 days of the full execution of the settlement specifically fully resolves volume issues for a specified period of tim

copies to BLM. 

IX.E Interest on late payments 

S ONRR will calculate and bill interest on a late payments in accorda

rules, regulations, and policies. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

IX.F Debt collection S ONRR will perform debt collection activities, including a referral to 

accordance with ONRR's rules, regulations, and policies. BIA andrespond to ONRR’s requests for required debt collection informatioRecord, Operating Rights ownership) within 30 days. Should ONRoutstanding debt, ONRR may recommend that BIA cancel the leas

IX.F.1 Revocation of leasing and other privileges 

F ONRR may recommend that BIA request that the Departmental Su

Debarment Officer revoke the ability of a person or company to enother activities if that person or company inexcusably or willfully fa

BIA will respond to ONRR’s recommendation within 60 days. 

BLM may request that the Departmental Suspension and Debarmethe ability of a person or company to engage in leasing and other aperson or company knowingly and willfully violates BLM’s rules or 

X. PROTESTS AND APPEALS X.A Resolution F F F Each agency will follow its established rules, regulations, and polic

protests and appeals. Examples of items that lessees or operators appeal include, but are not limited to: • Lease cancellation • Drainage assessments • Avoidable loss assessments • Lease bond increases • Agreement or contract actions (ie. compensatory royalty agreemdevelopment requirements) • Orders to Report or Pay Agencies may request information from each other in order to resoappeals. Agencies will provide requested information within time fin the request. Bureaus may consult with the Solicitor’s Office duri

protests and appeals. 

XI. REPORTS AND INFORMATION SHARING XI.A Industry reporting J J J Each agency will follow its internal policies and procedures to reso

discrepancies, and will coordinate, as needed, to resolve any issue

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

XI.A.1 Changes to reporting frequency 

J J J ONRR will send a lessee’s or operator’s request for non-monthly re

leases/agreements to tribal offices, BLM, and BIA for concurrence. leases/agreements, ONRR will send the request to BIA and BLM. respond within 30 days; otherwise, failure to respond is deemed to with the proposal. ONRR will notify BLM, BIA, and the tribe (for triimplements non-monthly reporting frequencies. 

XI.A.2 Extending Reporting Due Dates 

F A reporter request to extend reporting due dates must be submitte

approval. Within 30 days after ONRR approves reporting due date will notify BIA and BLM. 

XI.A.3 Production and product quality data 

J J BLM will update AFMSS within 10 working days, and will provide w

to ONRR weekly. ONRR will provide production data to BLM weekuse AFMSS to perform research to update production reports. Estframes can be modified pursuant to section I. Introduction in the co

XI.A.3a Error Correction ONRR is responsible for receipt, data entry, edit, error correction, a

resolution for all industry-reported oil and gas production data. Pro

errors may require BLM’s assistance to resolve. 

XI.A.3a(1) Fatal errors on original reports 

S ONRR is responsible for resolving all fatal errors for industry-subm

data. ONRR provides original report data that is free of fatal errors resolves fatal errors, ONRR provides the resolved report data to B

XI.A.3a(2) Fatal errors on modified reports 

S ONRR is responsible for resolving all fatal errors for industry-subm

report data. Modified report data is not provided to BLM until ONR

errors on the report. 

XI.A.3a(3) Warning errors 

S ONRR transmits production data to BLM with warning errors identi

XI.A.3a(4) Exceptions F ONRR is responsible for resolving all reporting exceptions, with BL

necessary, including missing wells, missing documents, royalty exc

identified exceptions. 

XI.A.4 Sales and royalty remittance data S ONRR will provide sales and royalty remittance data to BIA bi-mon

make sales and royalty remittance data accessible to BLM through systems. 

XI.B Agency information sharing 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

XI.B.1 Data access J J J J Each agency will provide the other agencies with access to its IT s

appropriate. In accessing another agency’s IT system, each agencthat system’s Rules of Behavior for access and use. 

XI.B.2 Data requests J J J J Agencies will respond within 30 days of a request from another age

not otherwise available through their IT systems. 

XI.B.3 Public release of data 

J J J J Before any agency releases, or otherwise makes available, anothe

they must first collaborate with the originating agency to ensure thapurpose of the information release is consistent with the original pu

XI.C Bankruptcy J J J If a lessee, payor, or operator files for Chapter 7 or Chapter 11 pro

notifications notify BIA and BLM as soon as practicable following receipt of noti

Master Bankruptcy List. ONRR updates and provides this list to Bmonthly. Likewise, BIA and BLM will notify ONRR as soon as pracbecome aware of a bankruptcy notification or other related informashorter time frame is court-mandated. ONRR or the Solicitor will notify BIA if they need lessee of record oinformation or operating rights ownership information. BIA will prov

historical lessee of record ownership information and/or operating 

information within 10 days from the date of receipt of the request. Agencies will coordinate with the Solicitor and with each other to eand accurate claims are submitted timely to the appropriate U.S. Bbehalf of the Department. 

XI.D Allottee/tribal inquiries 

J J J J Tribes or allottees may have a question which requires the efforts o

or offices to resolve. Inquiries may be received through the OST ctrust officers, bureau outreach sessions, or visits/phone calls to an

necessary, requests received by an agency without jurisdiction will agency that has jurisdiction within five days. Within 30 days, agenrequestors, and if appropriate, to the referring agency, with the staFor inquiries received by the OST call center that are forwarded to trust officer will relay the response to the requestor. See Attachme

Sharing by BIA, BLM, IEED, ONRR, OSM and OST”. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment A 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – INDIAN 

XI.E Outreach J J J J Agencies will communicate with tribes and allottees on trust-related 

response to inquiries. Agencies will communicate and coordinate order to prevent conflicting information dissemination, to promote eminimize imposition on the resources and time of tribes and allotteprovide each other with 10 business days’ advance notice of sched

tribes or allottees. 

XI.F Training XI.F.1 Industry training J J J J As needs and opportunities for industry training that require multip

participation arise, the sponsoring agency will notify and coordinate agencies. Within 30 days of a request, participating agencies will rsponsoring agency. 

XI.F.2 Employee training J J J J As needs, class offerings, and opportunities for on-the-job training 

agency, the agency will notify the BLM-ONRR Minerals Liaison, whcentral contact point for joint training. The Liaison will notify the otwill facilitate joint training. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Onshore Energy and 

Mineral Lease 

Management 

Interagency SOP 

Attachment B 

Agency Responsibilities and 

Information Sharing 

FLUID MINERALS – FEDERAL 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

TABLE OF CONTENTS 

ACRONYMS ......................................................................................................B-v 

I NONLEASING ACTIONS ....................................................................... B-1 

G Lease changes (modifications, readjustments, 

A Mineral potential valuation ............................................................. B-1 

II PRELEASING ACTIONS ...................................................................... B-1 

A Mineral potential assessments ....................................................... B-1 

B Tract evaluation .............................................................................. B-1 

C Tract selection ................................................................................ B-1 

D Lease forms ................................................................................... B-1 

E Bonus bid acceptance .................................................................... B-1 

F NEPA compliance .......................................................................... B-1 

III LEASING ACTIONS .............................................................................. B-2 

A Sale notice ..................................................................................... B-2 

B Lease issuance .............................................................................. B-2 

C Assignment of record title ............................................................... B-2 

D Lease bonds .................................................................................. B-3 

E Lease continuation ......................................................................... B-4 

F Lease consolidation or segregation ................................................ B-5 

resurveys, etc.)............................................................................... B-5 

H Lease termination, cancellation, reinstatement .............................. B-6 

I Expirations ..................................................................................... B-7 

IV FORMAL AGREEMENTS ..................................................................... B-7 

A Drainage ........................................................................................ B-7 

B Non-unitized secondary or tertiary production ................................ B-9 

C Communitization ............................................................................ B-9 

D Unitization .................................................................................... B-10 

E Gas storage .................................................................................. B-12 

F Helium recovery contracts ............................................................ B-13 

V OPERATIONS ..................................................................................... B-13 

A Approval of Applications for Permit to Drill (APDs)....................... B-13 

B Change of operator ...................................................................... B-13 

B-ii 
 

Attachment B 

FLUID MINERALS – FEDERAL 

TABLE OF CONTENTS 

C Operating rights ............................................................................ B-13 

D Site security diagrams and plans ................................................. B-13 

E First and last production ............................................................... B-14 

F Disposal of produced water .......................................................... B-14 

G Approval of well deepening or plug-back ..................................... B-14 

H Well conversions .......................................................................... B-14 

I Other well status changes ............................................................ B-15 

J Determination of beneficial use .................................................... B-15 

K Volume and measurement ........................................................... B-15 

L Avoidable loss of royalty-bearing minerals ................................... B-15 

M Vented or flared............................................................................ B-16 

N Alleged theft ................................................................................. B-16 

O Down-hole abandonment ............................................................. B-16 

P Reclamation plan ......................................................................... B-16 

VI COLLECTIONS ................................................................................... B-16 

A Revenue collections ..................................................................... B-16 

B Lease royalty rate adjustment ...................................................... B-17 

C Storage fees................................................................................. B-17 

D Drainage ...................................................................................... B-18 

E Avoidably lost mineral assessments ............................................ B-18 

F Civil penalties and assessments .................................................. B-18 

VII REVENUE DISTRIBUTION .................................................................. B-18 

A Mineral Leasing Act revenues (except rights-of-way) ................... B-18 

B Non-Minerals Leasing Act revenues ............................................ B-18 

C Improper revenue receipt ............................................................. B-19 

D Disbursement pending appeal ...................................................... B-19 

VIII COMPLANCE VERIFICATION ............................................................ B-19 

A Prepare and execute compliance strategy ................................... B-19 

B Surface compliance ...................................................................... B-19 

C Production compliance ................................................................. B-20 

D Revenue compliance .................................................................... B-21 

E Compliance documentation requests ........................................... B-21 

F Notice of noncompliance .............................................................. B-21 

IX NONCOMPLIANCE ENFORCEMENT AND RESOLUTION ................ B-21 

A Shut-in (order to cease production) .............................................. B-21 

B Civil penalties and assessments .................................................. B-22 

B-iii 
Attachment B 

FLUID MINERALS – FEDERAL 

TABLE OF CONTENTS 

C Cancellation of leases .................................................................. B-22 

F Rent and royalty rate adjustments and other lease 

G Fee payments for State, tribal and local 

D Settlements .................................................................................. B-22 

E Interest on late payments ............................................................. B-22 

F Debt collection .............................................................................. B-22 

X PROTESTS AND APPEALS ................................................................ B-23 

A Resolution .................................................................................... B-23 

XI REPORTS AND INFORMATION SHARING ........................................ B-23 

A Industry reporting ......................................................................... B-23 

B Agency information sharing .......................................................... B-24 

C Bankruptcy notifications ............................................................... B-25 

D Citizen inquiries/FOIA requests.................................................... B-25 

E Training ........................................................................................ B-26 

XII GEOTHERMAL LEASES .................................................................... B-26 

A Exploration and development plans ............................................. B-26 

B Diligent exploratory expenditure (DEE) credit .............................. B-26 

C Late rental .................................................................................... B-26 

D Site license and renewals ............................................................ B-26 

E First and last production ............................................................... B-27 

term changes ............................................................................... B-27 

government lessees ..................................................................... B-27 

H Royalty-in-Kind ............................................................................. B-27 

I Production reporting ..................................................................... B-27 

B-iv 
Attachment B 

FLUID MINERALS – FEDERAL 

ACRONYMS and DEFINITIONS 

AFMSS Automated Fluid Mineral Support System 

APD Application for Permit to Drill 

BIA Bureau of Indian Affairs 

BLM Bureau of Land Management 

CA Communitization Agreement 

CFR Code of Federal Regulations 

CPI Consumer Price Index 

CRA Compensatory Royalty Agreement 

DM Departmental Manual 

DOJ Department of Justice 

EOP Explanation of Payments 

EPA Environmental Protection Agency 

FOGRMA Federal Oil and Gas Royalty Management Act of 1982 

GDP Geothermal Drilling Permit 

IEED Indian Energy and Economic Development 

I&E/PV Inspection and Enforcement/Production Verification 

IMDA Indian Mineral Development Act 

INC Incident of Noncompliance 

IPAC Inter-governmental Payment And Collection system 

KGRA Known Geothermal Resource Area 

KLA Known Leasing Area 

LAS Lease Account Status 

LMU Logical Mining Unit 

MLA Mineral Leasing Act 

MOU Memorandum of Understanding 

MSHA Mine Safety Health Administration 

MRMSS Minerals Revenue Management Support System 

MSHA Mine Safety Health Administration 

NBC National Business Center 

NEPA National Environmental Policy Act of 1969 

NONC Notice of Noncompliance 

NPRA National Petroleum Reserve Alaska 

NTL Notice to Lessees 

OAC Office of Appraisal Services 

OCIO Office of the Chief Information Officer 

OIG Office of Inspector General 

OME Office of Mineral Evaluations 

ONRR Office of Natural Resources Revenue 

OSM Office of Surface Mining 

OST Office of Special Trustee for American Indians 

RIK Royalty-in-Kind 

RSFA Royalty Simplification and Fairness Act 

SF Standard Form 

UIC Underground Injection Control 

B-v 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

I. NONLEASING ACTIONS I.A Mineral potential valuation 

S For non-leasing purposes, such as preparation of economic development plans for re

plans, BLM may request and fund the Office of Mineral Evaluations, Office of the Sec

mineral assessments and economic valuation determinations. 

II. PRELEASING ACTIONS II.A Mineral potential assessments 

S To determine if an area has future potential leasing possibilities, BLM may perform a 

evaluation. When future potential leasing possibilities are evident, the next step is to 

areas. 

II.B Tract evaluation 

S BLM will complete a tract evaluation for mineral leasing potential. 

II.C Tract selection 

S BLM will identify unleased tracts with mineral potential for leasing. 

II.D Lease forms F In the event that BLM changes lease forms, BLM will provide ONRR with a copy of pr

least 60 days prior to proposed implementation. Within 30 days, ONRR will provide a

perform follow-up consultations with ONRR regarding the resolution of all their comme

II.D.1 Nonstandard terms F If BLM proposes non-standard fiscal lease terms, BLM will provide ONRR with a copy 

terms. Within 30 days, ONRR will provide any comments. BLM will perform follow-up 

ONRR regarding the resolution of all their comments. 

II.E Bonus bid acceptance 

F The Office of Mineral Evaluations, Office of the Secretary, will determine a fair market 

the National Petroleum Reserve-Alaska. Under the Leasing Reform Act of 1987 fair m

required for other Federal oil and gas leases. 

II.F NEPA compliance 

S Any NEPA compliance documentation will be in compliance with the Departmental NE

CFR Part 46 and the appropriate Bureau Chapter of 516 DM. 

F = Final, consultation required 

J = Joint responsibility, concurrence required S = Sole, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III. LEASING ACTIONS III.A Sale notice S Each BLM state office will post the notice of competitive oil and gas lease sale in the s

and on the state office web site at least 90 days prior to the lease sale. 

III.B Lease issuance 

S Within five working days after lease issuance, BLM will provide ONRR with an accoun

bonus bid and the first year’s rent. BLM will respond to ONRR inquires and, when apupdated accounting advice within 30 days. 

III.B.1 Bid forfeiture 

S If the lease bidder forfeits their deposit, BLM will provide ONRR with an accounting ad

forfeited bonus bid. 

III.B.2 Future interest leases 

S BLM will provide an accounting advice, and will send the bonus collection to ONRR up

interest lease. The accounting advice will state the lease is to be suspended immedia

days prior to the vesting date, BLM will provide an accounting advice to ONRR lifting twhich ONRR will generate courtesy notices including first year rental. 

III.B.3 Rights-ofway S or other 

SMA 

Off-lease rights-of-way are the responsibility of the surface management agency. 

III.B.4 Surface use agreement 

F The preparation, execution, and administration of surface use agreements will follow t

and procedures of the responsible surface management agency. 

III.B.4a Bondingon F Absent the successful execution of a surface use agreement, the agency responsible 

will be responsible for the "bonding-on" process, which will include annual payment disurface owner, when required. For a federal mineral estate with trust surface, when m

may assume BLM's responsibilities for the surface use agreement and disbursement 

required. 

III.C Assignment of record title 

F Within 30 days of a request from BLM, ONRR will provide BLM with verification that th

and paid rents and minimum royalties. ONRR will follow up on all underpayments. Bmay approve, assignment of a record title. Within 30 days of approval, BLM will provi

accounting advice showing 100 percent of record title ownership. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.C.1 Record title inquiries 

S Within 30 days of ONRR's request, BLM will provide lessee of record information in a 

information will be based on information submitted by industry and contained in BLM’s 

III.D Lease Bonds Lease Bonds include acceptable forms of security including, but not limited to, irrevoc

treasury securities, and certificates of deposit, 

III.D.1 Bond amount and acceptance 

S BLM will establish bond amounts according to BLM rules, regulations, and policies. 

III.D.1a Bond reduction request 

F Within 30 days of a request from BLM, ONRR will advise if rent and minimum royalty 

consult with ONRR regarding potential royalty liabilities. Upon request from BLM, ON

level of effort needed to review bond reduction requests, based on lease history and iother time frames are negotiated, within 30 days ONRR will notify BLM of the actions 

assurance. Within 30 days after work completion, ONRR will notify BLM of their findin

actions are necessary. 

III.D.1b Insufficient bond 

S BLM will monitor bonding sufficiency to cover operations, reclamation, and royalty obl

necessary, take action to increase bond amount. 

III.D.2 Demand for bond forfeiture 

F For rent and royalty-related liabilities, ONRR will notify BLM when a call on a lease bo

30 days of ONRR's notification, BLM will demand performance from the surety and wi

demand to ONRR. If BLM, on its own initiative, demands performance on a bond, BL

intention to call the bond. ONRR has 30 days to report on additional liabilities. Wherinterests in a bond, reclamation matters take precedence. Within five working days af

ONRR-related demand has been paid, BLM will provide a confirmation receipt to ONRfurther action returns to ONRR if any portion of an ONRR-related demand remains aft

bond. 

III.D.2a Demand status 

S Upon request, BLM will provide ONRR with a monthly status on any requested deman

notify ONRR within 90 days if the bond proceeds are not sufficient to cover royalties aof demand satisfaction is anticipated. 

III.D.2b Demand payment 

S BLM will transfer the appropriate funds to ONRR by IPAC so ONRR can access the in

working days of the receipt of payment. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.D.3 Termination of period of liability 

F BLM will consult with ONRR on all bond termination requests regarding potential roya

request from BLM, ONRR will determine the level of effort needed to review bond termon lease history and internal policies. Unless other time frames are negotiated, within notify BLM of the actions necessary to provide assurance. Within 30 days after work notify BLM of their findings and if any additional action is necessary. 

Note: Timing requires further discussion with the Solicitor on how long to hold a bond standard to release a bond. 

III.E Lease continuation III.E.1 Extensions – drilling, discovery on segregation, elimination from agreement 

S Within 30 days from the date of the decision, BLM will provide ONRR with an account

the decision. 

III.E.2 Reinstatement and exchange 

S BLM will provide ONRR an accounting advice and copy of the reinstatement or excha

working days of approval. 

III.E.3 Production J J BLM will provide ONRR with a first-production notice within 10 working days after rece

production from the operator. Upon request, BLM will provide a copy of the lease con

BLM will update AFMSS within 10 working days of well status changes, and will providONRR weekly. ONRR will make its automated production information available in elemonthly. ONRR will provide production data to BLM weekly. ONRR will also use AFM

to update production reports. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.E.4 Suspension of operations and/or production 

S BLM will provide a copy of the suspension of operations and/or production approval d

30 days of approval. Within 10 working days of lifting a suspension, BLM will provide a copy of the approvaBLM will notify ONRR within 30 days to modify financial terms due to the approval or l

operations and/or production, if there have been any changes to lease-level obligationroyalty, advance royalty, etc.). BLM will notify ONRR within 30 days of the approval or lifting of a suspension of opera

because it may affect rent, minimum royalty, advance royalty, etc. 

III.E.5 Relinquishment 

F Within 30 days of a BLM request, ONRR will provide BLM with a statement of accoun

shows open receivables, both royalty reports and invoices, and available funds. ONR

rent and minimum royalty are current on the lease. ONRR will follow up on all underp

BLM will provide ONRR with a lease relinquishment document within 30 days of the d

III.F Lease consolidation or segregation 

S BLM will provide ONRR with a decision document within 10 working days of lease con

segregation. 

III.G Lease changes (modifications, resurveys, etc. 

S Within 30 days of a BLM request, ONRR will provide BLM with a statement of accoun

shows open receivables, both royalty reports and invoices, and available funds. ONR

rent and minimum royalty are current on the lease. ONRR will follow up on all underpprovide ONRR with a decision document within 30 days of approval of a lease change

III.G.1 Nonstandard terms F Prior to approval, BLM will provide ONRR with a copy of proposed non-standard fisca

modifications. Within 30 days, ONRR will provide any comments. BLM will perform fo

with ONRR regarding the resolution of all their comments. BLM will send ONRR a co

within 30 days of approval. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.G.2 Financial obligation adjustments 

F Prior to approval, BLM will provide ONRR with a copy of proposed financial obligation 

days, ONRR will provide any comments. BLM will perform follow-up consultations witresolution of all their comments. BLM will send ONRR a copy of the financial obligatio

days of approval. 

III.H Lease termination, cancellation, reinstatement III.H.1 Termination 

F ONRR will notify BLM within 60 days of the end of the anniversary month about renta

made late, or deficient. BLM will determine if the lease actually terminated, and if so, 

with a Notice of Termination. BLM will provide ONRR a notification that the lease was 

Within 30 days of a BLM request, ONRR will provide BLM with a statement of accounshows open receivables, both royalty reports and invoices, and available funds. ONR

rent and minimum royalty are current on the lease. ONRR will follow up on all underpprovide ONRR with a decision document within 30 days of approval of lease terminati

III.H.2 Cancellation 

F Within 30 days of a BLM request, ONRR will provide BLM with a statement of accoun

shows open receivables, both royalty reports and invoices, and available funds. ONR

rent and minimum royalty are current on the lease. ONRR will follow up on all underpprovide ONRR with a copy of a final decision or accounting advice within 30 days of thBLM and ONRR will coordinate on production reporting requirements and on dispositi

inventory. 

III.H.2a Royalty liability 

F After consultation with the Solicitor, ONRR may ask BLM to request cancellation of a 

appropriate enforcement action due to royalty liability. See section IX.C Cancellation 

III.H.2b Waiver or suspension of lease rights 

S See section IX. Noncompliance Enforcement and Resolution 

III.H.3 Reinstatement 

S Within 30 days of reinstatement of a lease, BLM will provide ONRR with an accountin

and royalty rate increases and IPAC for escalated rent amounts received. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.I Expirations III.I.1 Expiration of primary term 

S ONRR will notify BLM within 60 days of the end of the anniversary month of a lease th

of its primary term. 

III.I.2 Cessation of production 

S Within 30 days of expiration due to cessation of production, BLM will provide ONRR w

decision. 

IV. FORMAL AGREEMENTS IV.A Drainage Assessments and Agreements 

S BLM will perform drainage reviews and, within 30 days of a final drainage determinatio

determination to ONRR. The determination will include a drainage factor and the date (When trust lands are involved, see Attachment A.) 

IV.A.1 Leased lands IV.A.1a Corrective actions 

S 

S 

Corrective actions that the lessee can take are:  • drilling a protective well and payment of compensatory royalty assessments for pas drainage; or • entering into a Unit or Communitization Agreement with an effective date of initial dor •relinquishment of the lease and payment pursuant to a compensatory royalty asses

relinquishment.  • payment of compensatory royalties. Within 30 days of determination of a corrective action plan, BLM will notify ONRR. ONRR will issue compensatory royalty assessments. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IV.A.1b Production and royalty verification 

S S BLM will provide ONRR with the monthly volumes and quality information for past dra

a value to those volumes, and will bill the appropriate parties for compensatory royalty BLM will verify the quantity and quality of the drainage in accordance with BLM's inspestrategies. ONRR will verify that the amounts paid are accurate, in accordance with ONRR's comWhen ONRR resolves OGOR discrepancies, ONRR will notify BLM within 30 days of 

IV.A.1c Notification of cessation of drainage 

S BLM will notify ONRR within 30 days when: 

 • the offending well has been P & A, or  • a protective well has commenced production, or  • the lease is committed to an agreement. 

IV.A.2 Unleased lands IV.A.2a Corrective actions 

S Corrective actions that can be taken are

 • issue a lease (see section IV.A.1 Leased lands);  • execute a CA and immediately create a “Dummy Lease” in accordance with IM 201 • execute a Compensatory Royalty Agreement (CRA). Within 30 days of determination of the corrective action plan, BLM will notify ONRR. 

IV.A.2b Review of CRA provisions 

F BLM will determine the terms and conditions of the CRA, and where trust lands are in

IV.A.2c CRA approval 

S Within 10 working days of approval, BLM will provide the agreement and decision doc

will assign an agreement number. 

IV. A 2d 

Payments under a CRA 

S ONRR will collect compensatory royalties based on compensatory royalty agreements 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IV.A.2e CRA Production, royalty verification, and collections 

J J BLM will provide ONRR the monthly volumes and quality information for past drainage

value to those volumes, and will bill the appropriate parties for compensatory royalty dBLM will verify the quantity and quality of the drainage in accordance with BLM's inspestrategies. ONRR will collect compensatory royalty based on the CRA. ONRR will verify that the accurate, in accordance with ONRR's compliance strategies. When ONRR resolves OGOR discrepancies, ONRR will notify BLM within 30 days of 

IV.A.2f Cessation of drainage 

S BLM will terminate the CRA and will notify ONRR within 30 days when drainage cease

royalty payments are no longer required. 

IV.B Non-unitized secondary or tertiary production agreements 

F BLM will provide ONRR a first production notice within 10 working days after receiving 

production from the operator. Upon request, BLM will provide ONRR a copy of the lealease-basis secondary or tertiary production recovery agreement. BLM will include a 

approval letter to instruct the operator to notify the appropriate payor(s) of ONRR’s roy

requirements. BLM will update AFMSS within 10 working days of well status changesreference data to ONRR weekly. 

IV.C Communitization IV.C.1 State field rules or pooling 

S BLM will affirm that the field rules are adequate to protect public resources. 

IV.C.2 Approval S BLM will provide ONRR with a copy of approved agreements within 10 working days a

from ONRR, or within 10 working days after approval. BLM will include a paragraph in instruct the operator to notify the appropriate payor(s) of ONRR’s royalty reporting requpdate AFMSS within 10 working days after approval, and will provide well reference 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IV.C.3 Determination of first/last production 

S Within 10 working days of receipt of the operator's Sundry Notice establishing first or 

provide ONRR with the first or last production notice. BLM will update AFMSS within 

well status change, and will provide well reference data to ONRR weekly. 

IV.C.4 Lease termination within an active CA 

S When BLM terminates a lease committed to a CA, any new lease issued must join the 

ONRR within 10 working days upon lease termination, and within 10 working days aft

lease. 

IV.C.5 CA Termination 

S BLM will provide ONRR with a copy of the decision document within 30 days. 

IV.C.6 Change of operator 

S BLM will update AFMSS within 10 working days of the operator's notification, and will 

operator data to ONRR weekly, along with well reference data. 

IV.D Unitization When trust lands are involved in the unit, see Attachment A. 

IV.D.1 Designation of logical unit area 

S BLM will perform a technical review of the proposed area of interest on all actions invo

IV.D.2 Agreement application submittal 

F BLM will send a proposed unit agreement to ONRR if anything other than model form 

rent or royalty are proposed. Within 30 days, ONRR will review and comment. BLM w

consultations with ONRR on their comments. 

IV.D.3a Final approval or expansion of exploratory agreement 

S BLM will provide a copy of approved agreements to ONRR within 10 working days aft

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IV.D.3b Final approval or expansion of exploratory agreement (BLM approved federal unit agreement with Indian lease participation) 

F BLM will provide a recommendation to BIA. BIA must concur within 30 days for BLM 

lease in the agreement. BIA and BLM will approve the unit agreement by signing the 

determination page. A BLM jurisdictional office will assign a unit agreement number unumber. BLM will provide a copy of approved agreements to ONRR within 10 working 

IV.D.4 Approval of secondary or tertiary unit 

S Within 10 working days after an approval, BLM will provide a copy of approved agreem

will update AFMSS within 10 working days after an approval, and will provide well refe

weekly. BLM approval letters will instruct unit operators to notify the appropriate payoreporting requirements. 

IV.D.5 Secondary agreement allocation change 

S BLM will notify ONRR of an allocation schedule change within 10 working days after a

monitor cumulative production volumes, and will notify ONRR of phase changes within 

determination. 

IV.D.6 Change of operator or suboperator 

S BLM will update AFMSS within 10 working days of the operator's notification, and will 

operator data to ONRR weekly, along with well reference data. 

IV.D.7 Bond adequacy 

S BLM will review bond adequacy in accordance with established rules, regulations, and 

IV.D.8 Plan of development 

S BLM has sole authority for approval of the plan of development. 

IV.D.9 First production 

S BLM will provide ONRR with the first production notice within 10 working days after de

production for the agreement. BLM will update AFMSS within 10 working days after a will provide well reference data to ONRR weekly. 

IV.D.10 Paying well determination 

S BLM will notify ONRR within 10 working days of a paying well determination. BLM wil

the well reference data within 10 working days, if it is not a paying well. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IV.D.11 Nonpaying unit well determination 

S BLM will notify ONRR within 10 working days of a nonpaying well determination. See 

Production if a nonpaying unit well is the first discovery of production on the lease. 

IV.D.12 Amendments 

S BLM will provide a copy of amended agreements to ONRR within 10 working days aft

IV.D.13 Participating area actions including initial, expansion/ contraction, consolidation, termination 

S BLM will provide a copy of all participating area actions to ONRR within 10 working da

BLM's approval letter will instruct the operator to notify the appropriate payor(s) of ON

requirements. 

IV.D.14 Segregation of part of a lease from a unit 

S Segregation may be vertical or horizontal, depending on lease terms. BLM will provid

ONRR within 10 working days after an approval. 

IV.D.15 Unit contraction 

S BLM will provide documentation to ONRR within 10 working days after an approval. 

IV.D.16 Termination/ cancellation 

S BLM will provide documentation to ONRR within 10 working days after an action. 

IV.E Gas storage J J BLM is responsible to ensure compliance with all terms of gas storage agreements, in

management and financial compliance. ONRR will provide revenue collection and rep

IV.E.1 Review F If anything other than standard agreement provisions for royalty or valuation of gas ar

request recommendations from ONRR and, within 30 days, ONRR will provide its recoperform follow-up consultations with ONRR on their recommendations. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IV.E.2 Approval S BLM will negotiate and approve gas storage, injection, withdrawal, and rental fees. W

approval, BLM will provide ONRR with a copy of the agreement. 

IV.E.3 Reporting J J Regulations and terms of the agreement will determine reporting requirements. BLM 

data to ONRR within 30 days of receipt. ONRR will make revenue collection and repoBLM. 

IV.E.4 Native gas F Native gas volumes are reported separately from injection and withdrawal volumes. T

native gas volumes to ONRR, and reports injection and withdrawal volumes to BLM. 

IV.E.5 Renegotiations 

S BLM will renegotiate and approve gas storage injection and withdrawal fees. Within 3

will provide ONRR with a copy of the decision. 

IV.E.6 Termination/ cancellation 

S BLM will notify ONRR within 10 working days after an agreement is terminated or can

IV.F Helium recovery contracts 

S During a contract negotiation period, within 30 days of a BLM request, ONRR will prov

concerning value and revenue provisions. 

V. OPERATIONS V.A Approval of Applications for Permit to Drill (APDs) 

S BLM has the authority for approval of all APDs and GDPs for fluid mineral developme

lands. BLM will process APDs according to Onshore Oil and Gas Order Number 1. When the surface management agency is not BLM, the BLM field or district office (or 

level) is encouraged to develop side MOUs with the surface management agency to dresponsibilities for implementation of NEPA requirements to support the APD. In the 

BLM is responsible for ensuring compliance with all facets of the NEPA for APDs. BLM is responsible for the administration and acceptance of reclamation of the lease, 

the APD include a reclamation plan. 

V.B Change of operator 

S BLM will update AFMSS within 10 working days of the operator's notification, and will 

operator data to ONRR weekly, along with well reference data. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

V.C Operating rights 

S When operating rights information is requested by ONRR, within 30 days BLM will pro

operating rights information submitted by industry to BLM. 

V.D Site security diagrams and plans 

S BLM will provide a site security diagram and plan to ONRR within 30 days of their req

V.E First and last production 

S First Production: BLM will provide ONRR with the first production notice within 10 wo

a notification of production from the operator. Last Production: Within 10 working days of determination, BLM will notify ONRR that quantities has ceased. BLM will also notify ONRR of any remaining inventory on the lBLM will update AFMSS within 10 working days of well production status changes, anreference data to ONRR weekly. 

V.F Disposal of produced water 

S BLM will authorize disposal of produced water in accordance with the terms and cond

with Onshore Order Number 7. When a split estate with Federal minerals and Trust swill consult with BIA to obtain conditions of approval for the surface use agreement prOther agencies may become involved, depending on the method of disposal; e.g., EP

V.G Approval of well deepening or plug-back 

F 

and 

other 

SMA 

s 

Absent new surface disturbance, pursuant to 43 CFR Part 3162.3-2, BLM has sole re

surface disturbance is proposed, BLM will invite comments from the surface managemsection V.A Approval of Applications for Permit to Drill (APDs). 

BLM will update AFMSS within 10 working days of work completion and will provide wONRR weekly. 

V.H Well conversions V.H.1 Water disposal 

S BLM will authorize the disposal of produced water in accordance with Onshore Order 

Number 7. 

V.H.2 Production enhancement 

S BLM will update AFMSS within 10 working days of well status changes, and will provid

ONRR weekly. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

V.H.3 Water supply well 

S BLM will update AFMSS within 10 working days of well status changes, and will provid

ONRR weekly. 

V.I Other well status changes 

S BLM will update AFMSS within 10 working days of well status changes, and will provid

ONRR weekly. 

V.J Determination of beneficial use 

F BLM will notify ONRR of inappropriate claims of beneficial use within 10 working days 

will refer any unapproved or excessive beneficial use claims found during compliance verification. BLM will respond to ONRR within 10 working days with the results of the

V.K Volume and measurement

 S BLM will verify production from Federal and, when appropriate, State and fee wells. 

V.K.1 Standard of accuracy 

S BLM is responsible for ensuring that a measurement is in compliance with the Standa

V.K.2 Departure from equipment accuracy standard 

S BLM has the authority to approve a departure from the established standard. 

V.K.3 Meter proving and calibration 

S BLM will ensure that meter-proving is performed by industry in accordance with the es

V.K.4 Off-lease measurement 

S BLM has the authority to approve off-lease measurement. To support an ONRR com

provide copies of an off-lease measurement approval within 30 days of a request. 

V.K.5 Surface commingling 

S BLM has the authority to approve surface commingling. 

V.K.6 Subsurface commingling 

S Pursuant to 43 CFR 3162.3-2, BLM has sole responsibility. BLM will update AFMSS w

of sub-surface commingling approval or when a producing interval or zone is affected reference data to ONRR weekly. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

V.L Avoidable loss of royaltybearing minerals 

J J BLM will make a determination if an avoidable loss of production has occurred. Withi

specific volume details from BLM, ONRR will take collection action. 

V.M Vented or flared 

S BLM has the authority to approve venting and flaring in accordance with NTL 4A secti

apparent excessive vented or flared volumes found during compliance activities to BLwill respond to ONRR within 10 working days with the results of their research. 

V.N Alleged theft S BLM will pursue alleged theft in accordance with BLM instructional manuals. This res

alleged employee misconduct. BLM will document an inspection related to alleged thfollow the established procedures. 

V.O Down-hole abandonment 

S BLM approves the plugging procedures and ensures proper down-hole abandonment

abandonment acceptance, BLM will update AFMSS, and will provide well reference d

V.P Reclamation plan 

S BLM is responsible for the administration and acceptance of reclamation of the lease, 

the APD include a reclamation plan. 

V.P.1 Acceptance of reclamation 

S BLM administers the acceptance of lease reclamation in accordance with the provisio

satisfactorily reclaimed, BLM accepts the reclamation and notifies the operator. 

V.P.2 Termination of Bond Liability 

F See section III.D.3 Termination of period of liability 

VI. COLLECTIONS VI.A Revenue collections VI.A.1 Bonus and first year rental 

J J BLM will collect sale bonuses in accordance with its rules, regulations, and procedure

ONRR with an accounting advice and IPAC for the bonus and first-year rent within five lease or permit issuance. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VI.A.2 Subsequent rentals 

J ONRR will collect, receipt, and account for all subsequent bonus and rent payments. 

submit rent due, see section III.H.1 Termination. 

VI.A.3 Royalties S ONRR will collect and account for royalty on producing leases and agreements. 

VI.A.4 Compliance based collections 

F ONRR will bill for compliance activity findings that require additional collections. With

ONRR will share findings and collection information with BLM. 

VI.A.5 Other collections 

S ONRR will collect other lease-related revenue as described in lease terms, i.e., acquir

VI.B Lease royalty rate adjustment 

S BLM will notify ONRR within 30 days of a royalty rate adjustment. 

VI.B.1 Countable wells 

S Within 30 days of an ONRR request, BLM will determine the number of countable wel

of their determination. 

VI.B.1b Continuation of reduced rate 

S Within 30 days of an ONRR request, BLM will determine production rates, and will no

determination. 

VI.B.2 Schedule C & D productive limits determinations 

S Within 90 days of an ONRR request, BLM will make a productive limit determination, a

their determination. When BLM revises a productive limit grid, BLM will provide an electronic version of th

days of revision. BLM will provide ONRR with copies of recent approval letters that support new discovwithin 30 days of issuance. Within 30 days of an ONRR request, BLM will provide ONRR copies of old approval lediscovery determinations. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VI.C Storage fees S Payment requirements are determined by terms of the agreement and by regulations. 

gas storage agreement injection and withdrawal fees to ONRR. 

VI.D Drainage The terms “drainage assessment” and “compensatory royalty assessment” are synon

VI.D.1 Drainage - Leased lands 

S Within 30 days of receiving a final determination from BLM, ONRR will determine valu

of the drained resource; will pursue drainage assessments; and will provide documenoffice. ONRR will collect compensatory royalty from the Federal lessee for any ongoing drain

ONRR will collect compensatory royalty from the Federal lessee. ONRR will verify tha

accurate, in accordance with ONRR's compliance strategies. See Section IV A. 

VI.D.2 Drainage - Unleased lands 

S ONRR will collect compensatory royalty in accordance with the Compensatory Royalty 

ONRR-2014 reporting requirements. 

VI.E Avoidably lost mineral assessments 

S Within 30 days of receiving BLM's determination of avoidably lost minerals with specif

will bill for royalty compensation and will send documentation to the originating BLM o

VI.F Civil penalties and assessments 

S S BLM or ONRR may impose, bill, and collect civil penalties or assessments in their res

responsibility. 

VII. REVENUE DISTRIBUTION F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VII.A Mineral Leasing Act revenues (except rights-of-way) 

J J ONRR will provide BLM with mineral revenue statistics and information upon request. 

releases, or otherwise makes available, another agency’s data, they must first collaboagency to ensure the intended purpose of the information release is consistent with th

data. When questions arise concerning matters affecting revenue distribution, such as geog

leases, distribution fund codes, or ownership of acquired lands/minerals, ONRR may recommendation from BLM; BLM will respond within 30 days of receipt of the request

VII.B Non Mineral Leasing Act revenues 

J J As needed, ONRR will consult with BLM to determine the proper distribution of revenu

VII.C Improper revenue receipt 

J J Agencies will coordinate and, when appropriate, will transfer incorrect revenue receipt

through IPACs. 

VII.D Disbursement pending appeal 

S ONNR disburses payments received on appealed bills. 

VIII. COMPLIANCE VERIFICATION VIII.A Prepare and coordinate compliance strategies 

J J BLM and ONRR will provide each other with copies of an annual compliance work pla

coordinate requests for joint compliance strategies. BLM and ONRR may contract witcompliance activities pursuant to FOGRMA Section 205. Upon request, BLM and ON

of compliance action results. 

VIII.A.1 Compliance requests 

J J BLM performs surface and production compliance activities and ONRR performs roya

and will coordinate appropriate production compliance aspects with BLM. Upon requeorganization with standing, BLM and ONRR will determine the level of effort needed to 

requests based on lease history and complexity. Unless other time frames are negoti

BLM and ONRR will notify the requestor of the actions necessary and an expected co30 days after work completion, BLM and ONRR will notify the requestor of their findingadditional actions are necessary to achieve compliance. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VIII.B Surface compliance 

S BLM will perform lease surface compliance in accordance with Federal regulations, O

on well pads, approved ancillary facilities, and associated on-lease roads and rights-ogovern agency responsibilities; i.e., Forest Service. See section V.A Approval of App

Drill (APDs). BLM retains oversight authority on delegated inspections (i.e., FOGRMA Section 205) 

Federal regulations, Onshore Orders, NTLs, and BLM's annual strategy. 

VIII.B.1 Undesirable events 

J J BLM and ONRR will address undesirable events; i.e., spills and avoidable losses, in a

rules, regulations, Onshore Orders, and NTLs. BLM will make volume determinations 

BLM will provide the determination to ONRR for valuation and collection. BLM will asin accordance with reclamation requirements as defined in the APD. See sections V.L 

royalty-bearing minerals and VI.E Avoidably lost mineral assessments 

VIII.C Production compliance VIII.C.1 Production volume verification 

J J BLM will verify production from Indian/Federal and, when appropriate, State and fee w

a request, BLM and ONRR will coordinate on work plans and share results. When req

ONRR will coordinate site visits. BLM will request the operator to modify OGORs when a volume discrepancy is found

comply, BLM will request ONRR to issue an Order to Report. Within 30 days of resolu

Report, ONRR will notify the originating BLM office. 

VIII.C.1a Production inventory verification 

S ONRR will perform Form ONRR-2014 and OGOR sales volume comparisons, and wil

corrections, when necessary, in accordance with ONRR rules, regulations, and policie

updated production data to BLM weekly. 

VIII.C.1b Inventory verification 

F Within 30 days of a request from ONRR, BLM will validate inventories. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VIII.C.1c Vented and flared volume verification 

F BLM will monitor vented or flared volumes, and will notify ONRR of any unapproved v

request that the operator modify OGORs when vented or flared volumes are unapprovto comply, BLM will request that ONRR issue an Order to Report and Pay requiring th

pay any royalties due. Within 30 days of resolution of the Order to Report and Pay, O

originating BLM office. ONRR will refer any issues with vented or flared volumes foun

compliance reviews to BLM for resolution. BLM will respond within 30 days. 

VIII.C.2 Used on lease verification 

F BLM will request that the operator modify OGORs when volumes used on a lease are 

operator fails to comply, BLM will request that ONRR issue an Order to Report. Withi

of the Order to Report, ONRR will notify the originating BLM office. ONRR will refer alease volumes found during audit and compliance reviews to BLM for resolution. BLM days. 

VIII.C.3 Missing production reports 

F BLM will request ONRR to issue an Order to Report for missing reports or wells if BLM 

issues with the operator. ONRR will issue an Order to Report within 30 days of the recopy of the order to the originating BLM office. Within 30 days of a BLM request, ONRstatus or resolution of the order. 

VIII.D Revenue compliance Revenue compliance activities may include audits, compliance reviews, data mining, v

lease terms, interest billing, etc. 

VIII.D.1 Leasing revenue verification (nonroyalties) 

S BLM will verify non-royalty lease revenues; i.e., pre-production rent, bonuses, surface 

rights-of-way, and other revenue, in accordance with BLM rules, regulations, and polic

VIII.D.2 Rent and royalty verification 

S ONRR will verify that rents and royalties are paid in accordance with ONRR rules, reg

VIII.D.2a Commodity price and allowances 

S ONRR will verify reported commodity prices and claimed allowances in accordance w

regulations, and policies. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VIII.D.2b Verification of royalty rate 

F ONRR will ask BLM to verify the accuracy of reported royalty rates. BLM will respond 

royalty rate information within 30 days. BLM and ONRR will coordinate as necessary

VIII.D.3 Gas storage fees 

F BLM is responsible for verifying gas storage injection and withdrawal volumes, and fo

verification. ONRR will make revenue collection and reporting data accessible to BLM

storage. 

VIII.D.3.a Native gas 

F ONRR is responsible for royalty compliance for native gas. See section IV.E.4 Native 

VIII.E Compliance documentation requests 

J J Upon request, each agency will provide a copy of documents, e.g., lease and complia

to respective agencies and to States and tribes working under delegated and coopera

cost, pursuant to 30 USC 1711(c)(3). 

VIII.F Notice of noncompliance 

F F BLM and ONRR may issue a noncompliance notification in their respective areas of re

originating agency will forward the notification to the other affected agency within 30 d

IX. NONCOMPLIANCE ENFORCEMENT AND RESOLUTION IX.A Shut-in (order to cease production) 

F BLM may initiate, or ONRR may request, an order to an operator to shut in a well or to 

BLM will perform follow-up consultations with ONRR regarding their request. Within 3

shut in or cease production, BLM will provide a copy of the order to ONRR. 

IX.B Civil penalties and assessments 

S S BLM or ONRR may impose civil penalties and assessments in their respective areas o

30 days of a request, agencies will provide appropriate documentation to the requesti

IX.C Cancellation of leases IX.C.1 Violations of BLM or ONRR regulations 

F ONRR may request that BLM seek DOJ initiation of a suit to cancel a lease for violatio

regulations, or BLM may ask the DOJ to initiate a lawsuit to cancel a lease due to opeother means to gain compliance have failed. If BLM requests supporting documentat

such documentation within 30 days. BLM and ONRR will assist the Solicitor's Office w

proceedings (43 CFR Part 3108.3(b)). Within 30 days of an ONRR lease cancellation provide a summary of actions taken to date or will notify ONRR of a proposed lease c

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IX.C.2 Waiver or suspension of lease rights 

F BLM will notify ONRR when a waiver of lease rights is filed with respect to a proceedin

regulations in 43 CFR groups 3000 or 3100, and will specify the period when lease reCFR Part 3108.5). 

IX.D Settlements F While negotiating a settlement agreement, ONRR may request information from BLM

30 days. If BLM is a signatory to the agreement, ONRR will consult with BLM prior to 

days of full execution of a settlement agreement, ONRR will send a copy of the fully eBLM. 

IX.E Interest on late payments 

S ONRR will calculate and bill interest on late payments in accordance with ONRR rules

policies. 

IX.F Debt collection 

S ONRR will perform debt collection activities, including a referral to Treasury, in accord

regulations, and policies. BLM will respond to ONRR’s requests for required debt collLessee of Record, Operating Rights ownership) within 30 days. If ONRR cannot colleONRR may recommend that BLM cancel the lease. 

IX.G Revocation of leasing and operating privileges 

F ONRR may recommend that BLM request that the Departmental Suspension and Deb

the ability of a person or company to engage in leasing and other activities if that persinexcusably or willfully fails to pay a debt. BLM will respond to ONRR’s recommendat

BLM may request that the Departmental Suspension and Debarment Office revoke th

company to engage in leasing and other activities if that person or company knowinglBLM’s rules or regulations. 

X. PROTESTS AND APPEALS F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

X.A Resolution S S 

Each agency will follow its established rules, regulations, and policies to resolve prote

Examples of items that lessees or operators may protest or appeal include, but are no• Lease cancellation of non-producing leases • Drainage assessments • Avoidable loss assessments • Lease bond increases • Agreement or contract actions (ie. compensatory royalty agreements or diligent dev• Orders to Report or Pay Agencies may request information from each other in order to resolve protests and ap

provide requested information within time frames established in the request. Bureaus Solicitor’s Office during the resolution of protests and appeals. 

XI. REPORTS AND INFORMATION SHARING XI.A Industry reporting 

J J Each agency will follow its internal policies and procedures to resolve data discrepanc

needed to resolve an issue. 

XI.A.1 Changes to reporting frequency 

J J ONRR will send a lessee’s or operator’s request for non-monthly reporting to BLM for 

respond within 30 days. Failure to respond within 30 days is deemed to be concurrenONRR will notify BLM when it implements non-monthly reporting frequencies. 

XI.A.2 Extending Reporting Due Dates 

F Reporters must submit requests to extend reporting due dates to ONRR for approval. 

ONRR approves reporting due date extensions, ONRR will notify BLM. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

XI.A.3 Production and product quality data

 J J BLM will update AFMSS within 10 working days, and will provide well reference data t

will provide production data to BLM weekly. ONRR will also use AFMSS to perform reproduction reports. Established time frames can be modified pursuant to section I. Inletter. 

XI.A.3a Error Correction ONRR is responsible for receipt, data entry, edit, error correction, and exception reso

reported oil and gas production data. Production reporting errors may require BLM’s 

XI.A.3a(1) Fatal errors on original reports 

S ONRR is responsible for resolving all fatal errors for industry-submitted original report 

provide original report data that is free of fatal errors to BLM. As ONRR resolves fata

the resolved report data to BLM. 

XI.A.3a(2) Fatal errors on modified reports 

S ONRR is responsible for resolving all fatal errors for industry-submitted modified repo

provide modified report data to BLM until ONRR resolves all fatal errors on the report. 

XI.A.3a(3) Warning errors 

S ONRR will transmit production data to BLM with warning errors identified. 

XI.A.3a(4) Exceptions 

F ONRR is responsible for resolving all reporting exceptions, with BLM assistance as ne

missing wells, missing documents, royalty exceptions, and BLM-identified exceptions. 

XI.A.3b Gas storage agreements (production reports) 

S Operators will send gas storage agreement production reports (OGORs) to BLM. If a

storage production report to ONRR, ONRR will forward it within 30 days to the approp

XI.A.4 Sales and royalty remittance data 

S ONRR will make sales and royalty remittance data accessible to BLM through its auto

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

XI.A.4a Gas storage agreements (royalty reports) 

S Operators will send gas storage agreement injection and withdrawal remittance data t

ONRR-2014. ONRR will make remittance data accessible to BLM. 

XI.B Agency information sharing XI.B.1 Data access 

J J Each agency will provide the other agencies with access to its IT systems, as appropr

another agency’s IT system, each agency will comply with that system’s rules of beha

XI.B.2 Data requests 

J J Agencies will respond within 30 days of a request from another agency for information 

through their IT systems. 

XI.B.3 Public release of data 

J J Before any agency releases or otherwise makes available another agency’s data, it m

the originating agency to ensure the information release is consistent with the terms u

obtained. 

XI.C Bankruptcy notifications 

J J If a lessee, payor, or operator files for Chapter 7 or Chapter 11 protection, ONRR will 

as soon as practicable following receipt of notification via the Master Bankruptcy List. provides this list to BLM monthly. Likewise, BLM will notify ONRR as soon as practicaaware of a bankruptcy notification or other related information, unless a shorter time-f

ONRR or the Solicitor will notify BLM if either of them need lessee of record ownershioperating rights ownership information. BLM will provide the current and historical lesinformation and/or operating rights ownership information within 10 days from the date request. Agencies will coordinate with the Solicitor and with each other to ensure that complete are submitted timely to the appropriate U.S. Bankruptcy Court on behalf of the Depart

XI.D Citizen inquiries/FOIA requests 

J J Agencies will communicate and coordinate with each other as appropriate in order to 

dissemination of conflicting information. When necessary, requests received by an ag

will be provided to the agency that has jurisdiction within five business days. Within 3

respond to requestors and, if appropriate, to the referring agency, with the status of th

Attachment E, “Information Sharing by BIA, BLM, IEED, ONRR, OSM and OST”. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

XI.E Training XI.E.1 Industry training 

J J As needs and opportunities for industry training that require multiple bureau participat

agency will notify and coordinate with appropriate agencies. Within 30 days of a requagencies will respond to the sponsoring agency. 

XI.E.2 Employee Training 

J J As needs, class offerings, and opportunities for on-the-job training arise within each a

notify the BLM-ONRR Minerals Liaison, who will serve as the central contact point for Liaison will notify the other agencies and will facilitate joint training. 

XII. GEOTHERMAL LEASES All provisions for fluid minerals described above apply to Geothermal, in addition to the following provisions. When a duplicoccurs, the provision below has precedence. XII.A Exploration and development plans 

S BLM reviews and approves exploration and development plans in accordance with 43 

days of a request, ONRR will provide payment information to BLM. 

XII.B Diligent exploratory expenditure (DEE) credit 

S BLM will advise ONRR, through a copy of the decision document, of an approval of di

expenditure. 

XII.B.1 Additional rentals in lieu of DEE 

J J Only when advised by BLM will ONRR bill and collect additional rentals in lieu of dilige

expenditures. 

XII.B.2 Lease term extensions 

J J Within 30 days of a request, ONRR will provide payment history information to BLM. 

advise ONRR, through a copy of the decision document, of an approval of a geotherm

XII.C Late rental F Within 15 days after the lease anniversary date, ONRR will bill for late rental plus a 10

amounts are not remitted timely, the lease will appear on the monthly ONRR lease ter

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

XII.D Site license and renewals 

S When a power plant is located on Federal lands, within 30 days of license approval or 

ONRR of the annual rental amount. 

XII.E First and last production 

S First Production: BLM will notify ONRR of first production of geothermal electricity wit

after receiving a notification of production from the operator. The notification will inclunecessary for ONRR to properly establish royalty rates. BLM will also provide ONRR contract and related documents with the first production notice. Last Production: Within 10 working days of determination, BLM will notify ONRR that 

XII.F Rent and royalty rate adjustments and other lease term changes 

S BLM may adjust rental, royalty rates and/or terms and conditions of the lease in accor

3200, and will notify ONRR within 30 days after the determination. 

XII.F.1 Royalty rate reductions 

S BLM will monitor expanded geothermal electricity production that qualifies for a 50% r

a monthly basis. BLM will notify ONRR when expanded production begins and ends. 

XII.G Fee payments for State, tribal and local government lessees 

J J If a lessee is a state, tribal, or local government and uses a geothermal resource witho

purposes other than commercial production or generation of electricity, BLM will notify 

rate applies and ONRR will determine whether the nominal fee requirement establishe

1206.366 applies. 

XII.H Royalty-inKind J ONRR must approve an RIK contract before a utility will provide electricity in-kind to a 

government. 

XII.I Production reporting 

J BLM will provide production data to ONRR within 30 days of receipt. ONRR will make 

remittance data available to BLM through its automated systems. 

XII.I.1 Production volume verification - lease based 

F BLM will approve production allocations for royalty purposes when there is no unit. W

approval, BLM will provide ONRR with production allocations. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment B 

Agency Responsibilities and Information Sharing 

FLUID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

XII.I.2 Production volume verification - unitized lands 

F Regulations and the terms of the agreement will determine production allocations for 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Onshore Energy and 

Mineral Lease 

Management 

Interagency SOP 

Attachment C 

Agency Responsibilities and 

Information Sharing 

SOLID MINERALS – INDIAN 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

TABLE OF CONTENTS 

ACRONYMS ..................................................................................................... C-v 

I NONLEASING ACTIONS ...................................................................... C-1 

H Lease changes (modifications, readjustments, 

A Mineral potential valuation ............................................................. C-1 

B Location of trust lands .................................................................... C-1 

II PRELEASING ACTIONS ...................................................................... C-1 

A Business leases ............................................................................. C-1 

B Mineral potential evaluation ........................................................... C-1 

C Tract evaluation .............................................................................. C-1 

D List of leasable tracts ..................................................................... C-1 

E Fair Market Value ........................................................................... C-2 

F Lease terms ................................................................................... C-2 

G NEPA compliance .......................................................................... C-2 

II LEASING ACTIONS .............................................................................. C-2 

A Sale notice ..................................................................................... C-2 

B Lease/contract/permit issuance ...................................................... C-2 

C Assignment of record title ............................................................... C-3 

D Change in trust status .................................................................... C-4 

E Bonding .......................................................................................... C-4 

F Lease continuation ......................................................................... C-6 

G Lease consolidation or segregation ................................................ C-7 

resurveys, etc.)............................................................................... C-7 

I Lease termination, cancellation ...................................................... C-8 

J Expirations ..................................................................................... C-8 

IV FORMAL AGREEMENTS ..................................................................... C-9 

A Indian Mineral Development Act .................................................... C-9 

B Royalty-in-Kind ............................................................................... C-9 

C Tribal Energy Resource Agreements (TERA) ................................ C-9 

V OPERATIONS ....................................................................................... C-9 

A Mine plan and revisions to the mine plan ....................................... C-9 

B Exploration plans.......................................................................... C-10 

C Change of operator ...................................................................... C-10 

D Operating rights ............................................................................ C-10 

C-ii 
 

Attachment C 

SOLID MINERALS – INDIAN 

TABLE OF CONTENTS 

E First and last production ............................................................... C-10 

F Diligent development.................................................................... C-11 

G Disposal of produced water .......................................................... C-11 

H Determination of beneficial use .................................................... C-11 

I Volume and weight measurement ................................................ C-11 

J Off-lease measurement ................................................................ C-11 

K Avoidable loss of royalty-bearing minerals ................................... C-12 

L Alleged theft ................................................................................. C-12 

M Reserve calculations .................................................................... C-12 

N Reclamation plan (non-coal) ........................................................ C-12 

VI COLLECTIONS ................................................................................... C-13 

A Collection methods ....................................................................... C-13 

B Revenue collections and billings .................................................. C-13 

C Lease royalty rate adjustment ...................................................... C-15 

D Royalty-in-Kind ............................................................................. C-15 

E Avoidably lost mineral assessments ............................................ C-15 

F Assessments ................................................................................ C-15 

G Trespass ...................................................................................... C-15 

VII REVENUE DISTRIBUTION .................................................................. C-16 

A Fund transfer ................................................................................ C-16 

B Provide collection data to BIA/OST/tribal accounts ...................... C-16 

C Explanation of Payments (EOP) to tribes ..................................... C-16 

D Data transfer and distribution to allottees ..................................... C-16 

E Data business rules ...................................................................... C-16 

F Payment and disbursement pending appeal ................................ C-17 

G Payment error resolution .............................................................. C-17 

VIII COMPLIANCE VERIFICATION ........................................................... C-17 

A Prepare and coordinate compliance strategies ............................ C-17 

B Surface compliance ...................................................................... C-18 

C Production compliance ................................................................. C-18 

D Revenue compliance .................................................................... C-19 

E Distribution compliance ................................................................ C-19 

F Compliance documentation requests ........................................... C-20 

G Notice of noncompliance .............................................................. C-20 

IX NONCOMPLIANCE ENFORCEMENT AND RESOLUTION ................ C-20 

A Order to cease production............................................................ C-20 

C-iii 
Attachment C 

SOLID MINERALS – INDIAN 

TABLE OF CONTENTS 

B Civil penalties and assessments .................................................. C-20 

C Cancellation of leases .................................................................. C-20 

D Settlements .................................................................................. C-21 

E Interest on late payments ............................................................. C-21 

F Debt collection .............................................................................. C-21 

X PROTESTS AND APPEALS ................................................................ C-21 

A Resolution .................................................................................... C-21 

XI REPORTS AND INFORMATION SHARING ....................................... C-22 

A Industry reporting ......................................................................... C-22 

B Bureau information sharing .......................................................... C-23 

C Bankruptcy notifications ............................................................... C-23 

D Allottee/tribal inquiries .................................................................. C-24 

E Outreach ...................................................................................... C-24 

F Training ........................................................................................ C-24 

C-iv 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACRONYMS 

AFMSS Automated Fluid Mineral Support System 

APD Application for Permit to Drill 

BIA Bureau of Indian Affairs 

BLM Bureau of Land Management 

CA Communitization Agreement 

CFR Code of Federal Regulations 

CPI Consumer Price Index 

CRA Compensatory Royalty Agreement 

DOJ Department of Justice 

EOP Explanation of Payments 

EPA Environmental Protection Agency 

F Final (normally, consultation occurs) 

FOGRMA Federal Oil and Gas Royalty Management Act of 1982 

GDP Geothermal Drilling Permit 

IEED Indian Energy and Economic Development 

I&E/PV Inspection and Enforcement/Production Verification 

IMDA Indian Mineral Development Act 

ILCA Indian Land Consolidation Act 

IPAC Inter-governmental Payment And Collection system 

J Joint (responsibility shared/consultation required) 

KGRA Known Geothermal Resource Area 

KLA Known Leasing Area 

LAS Lease Account Status 

LMU Logical Mining Unit 

MLA Mineral Leasing Act 

MOU Memorandum of Understanding 

MSHA Mine Safety Health Administration 

MRMSS Minerals Revenue Management Support System 

MSHA Mine Safety Health Administration 

NBC National Business Center 

NEPA National Environmental Policy Act of 1969 

NONC Notice of Noncompliance 

NPRA National Petroleum Reserve Alaska 

NTL Notice to Lessees 

OCIO Office of the Chief Information Officer 

OIG Office of Inspector General 

ONRR Office of Natural Resources Revenue 

OSM Office of Surface Mining 

OST Office of Special Trustee for American Indians 

RIK Royalty-in-Kind 

RFSA Royalty Simplification and Fairness Act 

S Sole (no consultation required) 

SF Standard Form 

UIC Underground Injection Control 

C-v 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

I. NONLEASING ACTIONS I.A Mineral potential valuation 

S The Office of Mineral Evaluations (OME) serves t

and mineral valuation needs of:  • Indian Land Consolidation Act • American Indian Probate Reform Act • Legal statute or court request  • Appraisal Services Directorate and the Office o • Economic development plans of a reservation-BIA or IEED will request and fund the OME to peassessments and economic valuation determinatfunding OME may, at its discretion, release or ausuch assessments to tribes, allottees, or in consu

allottees, to industry. 

I.B Location of trust lands S BIA will provide BLM with a list of all trust lands. T

in part, for acreage determinations for logical mindays of a change in trust status, BIA will notify BL

II. PRELEASING ACTIONS II.A Business leases S BIA is solely responsible for all facets of mineral b

under 25 CFR Part 162. Collaboration with other requested under side MOUs. 

II.B Mineral potential evaluation 

S To determine if an area has future potential leasin

IEED may request a mineral potential evaluation days of the request, BLM will respond to BIA or IE

complete the mineral potential evaluation. Upon provide BIA or IEED with a written report of the evor IEED may, at their discretion, release or authoevaluation to tribes, allottees, or in consultation w

industry. When future potential leasing possibilitistep is to identify specific tract areas. 

II.C Tract evaluation F Within 60 days of a BIA request, BLM will comple

available for lease and will provide BIA with a writ

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

II.D List of leasable tracts S BIA will provide BLM a list of leasable tracts. II.E Fair Market Value F Per Departmental Manual 516, OME is responsib

market value for mineral leasing purposes. Howecreated, funding was not provided for this function funding is provided, the responsibility remains BLreceipt of BIA's request, BLM will respond to BIA provide BIA a fair market value recommendation, minimum: royalty rate, rental, and minimum bonumay specify different time frames. 

II.F Lease terms F BIA will provide BLM and ONRR with a copy of p

and negotiated lease terms. Within 30 days, BLM any comments. BIA will perform follow-up consuONRR regarding the resolution of all their comme

II.G NEPA compliance F The principle for determining the responsible age

compliance is "the bureau taking the action.” Leaestate is solely BIA's responsibility; therefore, BIA preparation of NEPA documents necessary to suNEPA compliance documentation prepared pursuV (see 25 CFR Part 211.7) will also be in compliaNEPA regulations at 43 CFR Part 46 and the appof 516 DM. BLM will support BIA as a technical a

III. LEASING ACTIONS III.A Sale notice S BIA will send the BLM office that has jurisdiction o

estate a copy of the sale notice. 

III.B Lease/ contract/permit issuance 

S Within 60 days of issuance, BIA will send BLM an

document. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

III.B.1 Bonus bid F BIA will, within 30 days after the lease sale data h

negotiated lease bid has been accepted, provide jurisdiction over the trust mineral estate the lease rate and rental rate results. 

III.B.2 Rights-of-way S BIA is responsible for rights-of-way across trust p

and off-lease. For non-trust properties, off-lease rresponsibility of the surface management agency

III.B.3 Surface use F F The preparation, execution, and administration of 

agreement will follow the rules, regulations, and procedures 

surface management agency as follows: • Federal minerals/Indian surface (BIA) • Indian minerals/Federal surface (BLM) • Indian minerals/Indian surface (BIA) • Fee, State minerals/Indian surface (BIA) For split-estate trust surface, BIA must record the with the Land Title and Records Office within 30 d

III.B.3a Bonding-on (bonding for making surface owner whole on split estates) 

F F Absent the successful execution of a surface use 

responsible for the mineral estate will be responsprocess, which will include annual payment disbuowner when required. For the federal mineral estaagreed to, the BIA may assume BLM's responsibagreement and disbursement of any annual paym

trust surface. 

III.C Assignment of record title 

F Prior to BIA's approval of an assignment of record 

to report on whether the lessee is in non-compliaof a surface or subsurface operation. Within 30 dwill provide BIA a compliance history for the assigrecommendation on bond adequacy prior to assig

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

Within 30 days of a request, ONRR will provide B

indicates if the lease is in good standing. ONRR review to ensure that the lessee is in compliance including all reporting and payment requirementsWithin 30 days of approval, BIA will provide BLM of the assignment. 

III.C.1 Record title inquiries 

S Within 30 days of ONRR's request, BIA will provid

information in a table format. The information wilsubmitted by industry and contained in BIA’s files

III.D Change in trust status 

S When a producing lease has an increase in the p

minerals in trust status, BIA will notify ONRR of thwithin 30 days of the effective date. BIA will instrpayors of the change in the portion of trust ownerabout a decrease in the trust portion, see section supervision. 

III.D.1 Relinquishment of supervision 

F This action decreases the portion of the land or m

Within 30 days of the effective date, BIA will notify relinquishment of supervision or will notify BLM arelinquishment of supervision. BIA will instruct th

of the change in the portion of trust ownership. Trelinquishment remains open for compliance and trust relinquishment information, see section III.E

III.D.2 Other trust F These actions are redistributions of trust ownersh

ownership changes may result from, e.g., ILCA, probate actions, or g

notify ONRR of other trust ownership changes prroyalty distribution. BIA will instruct the lessee to change in trust ownership. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

III.E Bonding Lease Bonds include acceptable forms of security 

limited to, irrevocable letters of credit, treasury seof deposit. 

III.E.1 Bond amount and acceptance 

F When minerals development plans require the su

BLM will provide BIA with a recommendation on tmay request a bond adequacy determination from within 30 days. 

III.E.1a Bond reduction request 

F Within 30 days of a BIA request, BLM will provide 

lease bond reduction requests. BIA may consult potential royalty liabilities. ONRR will determine t

to review bond reduction requests, based on leasdays, ONRR will notify BIA of the actions necessa

Within 30 days after work completion, ONRR will 

and whether any additional action is necessary. 

III.E.1b Insufficient bond F BIA will monitor bonding sufficiency to cover oper

royalty obligations and, when necessary, take actamount. BLM will notify BIA of bond insufficiency and reclamation within 90 days of determination. 

III.E.2 Demand for F BLM (for operations) or ONRR (for royalty or ban

performance when a call on a lease bond is necessary. BIA m

Solicitor, and if so, the Solicitor will respond to BIA 

30 days of receipt of notification from BLM or ONopinion, BIA may demand performance from the scopy of their decision to the initiating agency officdemand for performance on its own initiative, BIA ONRR. BLM and ONRR have 30 days to report oWhere there is competing interest in the bond, roprecedence. BIA will provide to BLM and ONRR letter. Responsibility for further action returns to 

royalty-related debt remains after collection unde

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

III.E.2a Demand status S Upon request, BIA will provide BLM and ONRR a 

demand on the bond. 

III.E.2b Demand payment F BIA will transfer appropriate funds to the respectiv

of receipt of funds that satisfy the demand require

III.E.3 Bond termination F BIA will consult with BLM and ONRR on all bond 

termination/relinquishment requests to ensure thalessee's reclamation actions successful, and that rents and royalties. Upon BIA’s request, BLM anthe level of effort needed to review bond terminatlease history and internal policies. Unless other tnegotiated, within 30 days, BLM and ONRR will nnecessary to provide assurance. Within 30 days 

BLM and ONRR will notify BIA of its findings and action is necessary. Note: Timing requires further discussion with the hold a bond and a reasonable standard to releas

III.F Lease continuation III.F.1 Extensions – discovery on segregation, elimination from agreement 

S BIA will provide BLM and ONRR with a copy of th

days. 

III.F.2 Renewal or exchange 

F BIA will provide BLM and ONRR with a copy of th

working days of approval. BIA will consult with Bchanges occur. Upon BIA request, ONRR will pro

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

III.F.3 Production S BLM will provide BIA and ONRR with the first pro

working days after receiving a notification of prodBIA will provide ONRR with a copy of the lease codocuments within 10 working days after receipt onotice. 

III.F.4 Suspension of F BLM will make a recommendation to BIA on suspoperations and production and/or production. BIA will provide BLM with a co

suspension within 30 days of approval. BIA will nodays of approval so that lease obligations can be suspension includes the suspension of a lease-lerents, minimum royalty, advance royalty). ONRR suspension of operations AND production (modifinot suspension of operations OR production (doe

obligations). Within 30 days of lifting a suspensiocopy of the approval document to BLM and ONR

III.F.5 Relinquishment F BIA may request a lease status review and a leas

and may request from ONRR an LAS review that lease is in good standing. Within 30 days of the rBIA and ONRR of any operational or production rWithin 30 days of the request, ONRR will perform ensure that the lessee is in compliance with all lereporting and payment requirements. BIA will prorelinquishment document to BLM and ONRR withdecision. 

III.G Lease consolidation or segregation 

F BIA will consult with BLM and ONRR if one or mo

producing. BIA will notify BLM and ONRR within approval. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

III.H Lease changes (modifications, readjustments, resurveys, etc.) 

F BIA may request a lease status review from BLM 

ONRR an LAS review that indicates whether the standing. Within 30 days of the request, BLM wilany operational or production reporting deficiencirequest, ONRR will perform an LAS review to enscompliance with all lease terms, including all reporequirements. Prior to approval, BIA will contact BLM if the modoperations, or BIA will contact ONRR if the modiffinancial terms. BIA will send BLM and ONRR a and amendment within 30 days of approval. 

III.H.1 Non-standard terms 

F Prior to approval, BIA will provide BLM and ONR

proposed non-standard lease term modifications. and ONRR will provide any comments. BIA will pconsultations with BLM and ONRR regarding the comments. BIA will send BLM and ONRR a copy within 30 days of approval. BIA will notify ONRR 

clause on a non-standard lease is satisfied. 

III.H.2 Financial obligation adjustments 

S Prior to approval, BIA will provide ONRR with a c

obligation adjustments. Within 30 days, ONRR wcomments. BIA will perform follow-up consultatiothe resolution of all their comments. BIA will send financial obligation adjustments within 30 days of 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

III.I Lease termination, cancellation III.I.1 Termination F BIA may request a lease status review and a leas

and may request from ONRR an LAS review that lease is in good standing. Within 30 days of the rBIA and ONRR of any operational or production rWithin 30 days of the request, ONRR will perform ensure that the lessee is in compliance with all lereporting and payment requirements. ONRR will payments. BIA will notify BLM 30 days before executing a prBIA will notify BLM and ONRR within 30 days of t

III.I.2 Cancellation F Prior to BIA cancelling a lease, BIA will request a 

a lease inspection from BLM, and may request frothat indicates whether the lease is in good standithe request, BLM will notify BIA and ONRR of any production reporting deficiencies. Within 30 days will perform an LAS review to ensure that the lessall lease terms, including all reporting and paymewill follow up on all under-payments. BIA will notif30 days of lease cancellation. BLM and ONRR will coordinate on the production 

and disposition of the remaining inventory. 

III.I.2a Royalty liability F After consultation with the Solicitor, ONRR may r

lease due to royalty liability. See section IX.C Ca

III.J Expirations 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

III.J.1 Expiration of primary term 

F Within 30 days after the end of the primary lease 

of potential lease expiration. Within five working BLM will notify BIA if operations commenced prioexpiration date. 

III.J.2 Cessation of production 

F Within 120 days of production cessation, BLM wil

days of BIA's determination of lease expiration, BONRR a copy of the decision. 

IV. FORMAL AGREEMENTS IV.A Indian Mineral Development Act 

F See Attachment F “BLM/BIA/ONRR Responsibilit

IMDA.” See Attachment G “Responsibilities and ProceduOSM for Coal Leasing and Mining Operations on 

IV.B Royalty-in-Kind F BIA will consult with BLM and ONRR before signi

BIA is responsible for authorizing and administericontract. Within 30 days of approval of the RIK aprovide BLM and ONRR with a copy. BLM and Orespective duties as though it was an in-value salthat BLM or ONRR cannot enforce will be referre

See section VI.D Royalty-in-Kind. 

IV.C Tribal Energy Resource Agreements (TERA) 

F See future SOP attachment for TERAs. 

V. OPERATIONS V.A Mine plan and revisions to the mine plan 

F BLM will provide technical review and approval fo

inspection with BIA. BLM will provide BIA and ONapproval or a revision document for a mining plan will advise BIA of the bond adequacy. See sectioand acceptance. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

For a contract that will require consultation, BLM the tribal mineral owner prior to approval of the plBLM will consult with the BIA agency. When the surface management agency is not BLdistrict office (or higher organizational level) is enside MOU with the surface management agency responsibilities for implementation of NEPA requimine plan. In the absence of a side MOU, BLM is ensuring compliance with all facets of the NEPA fresponsible for the administration and acceptance lease, since the provisions of the mine plan includ

V.B Exploration plans F For a contract that will require consultation, BLM 

the tribal mineral owner prior to approval of the exallotted lands, BLM will consult with the BIA agena copy of the approval or revision document withiBLM approves all exploration and mine plan deveonshore and Trust lands. Associated with this rescompliance with all facets of the NEPA. Since thplan include reclamation plans, BLM is responsiband acceptance of reclamation of the mine. 

V.C Change of operator S BIA will notify BLM and ONRR of a change of ope

them a copy of the action document within 30 day

V.D Operating rights S Pursuant to 25 CFR Part 211.53, no operating rig

sublet, or transferred without the consent of the Soperating rights information is requested by BLM 

BIA will provide copies of operating rights informaindustry to BIA. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

V.E First and last production 

S First Production: BLM will provide BIA and ONRR 

memorandum within 10 working days after receivproduction from the operator. BIA will provide a cdocument(s) to ONRR within 10 working days of production memorandum. Last Production: Within 10 working days of deterBIA and ONRR that production in paying quantitiealso notify BIA and ONRR of any remaining invenagreement. 

V.F Diligent development S BLM will periodically, or upon BIA's request, revie

ensure diligent development in accordance with Bprocedures. 

V.G Disposal of waste F BLM will authorize disposal of waste in accordanc

conditions of the mine plan and for which the opeBLM will consult with BIA and the Tribes to obtain prior to authorization. Other agencies may becomon the method of disposal, e.g., EPA. 

V.H Determination of beneficial use 

F BLM will notify ONRR of inappropriate claims of b

working days of adjudication. ONRR will refer anexcessive beneficial use claims found during comfor verification. BLM will respond to ONRR within the results of their research. 

V.I Volume and weight measurement 

S BLM will verify volume and weight measurement 

when appropriate, State and fee lands. 

V.I.1 Approval F BLM will approve a volume and weight measurem

BLM will notify BIA of the approval and will notify product and the point of royalty determination. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

V.I.2 Standard of accuracy 

F BLM is responsible for ensuring that a measurem

the Standard of Accuracy. Within 30 days of a BLdetermine and respond if the standard yields acc

V.I.2a Departure from equipment accuracy standard 

F BLM has the authority to approve a departure fro

standard. BLM may consult with ONRR before afrom the established standard. ONRR will responrequest. 

V.J Off-lease measurement 

S BLM has the authority to approve off-lease meas

ONRR compliance activity, BLM will provide copi

measurement approval within 30 days of a reque

V.K Avoidable loss of royalty-bearing minerals 

J J BLM will make a determination if an avoidable los

occurred, and will notify BIA within 10 working daWithin 30 days of receiving specific volume detailtake collection action and, when requested, will pto BIA and BLM. 

V.L Alleged theft F BLM will pursue alleged theft in accordance with 

manuals. This responsibility includes alleged emwill document an inspection related to alleged theestablished procedures. 

V.M Reserve calculations S BLM will perform a calculation as necessary. 

V.N Reclamation plan (non-coal) 

F BLM must consult with BIA before approving an o

plan for non-coal solid minerals. BIA will provide 30 days. Refer to Attachment G “Responsibilities and ProcOSM for Coal Leasing and Mining Operations on 

reclamation plans. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

V.N.1 Approval F See section IV. A Mine plan and revisions to the m

BIA reclamation standards in evaluating the operany modification thereof, as applicable. BIA will nwhen BIA reclamation standards change. 

V.N.2 Monitoring F BLM will monitor for reclamation plan compliance

terms of any side MOUs related to approvals of th

V.A Mine plan and revisions to the mine plan). 

V.N.3 Acceptance of reclamation 

F BLM will advise BIA of BLM's intent to accept the 

the lease or agreement and, when requested by Bjoint inspection. Within 60 days, BIA will respond regarding the reclamation activities. BLM will notof acceptance of reclamation. 

V.N.4 Release of bond F See section III.E.3 Bond termination. 

VI. COLLECTIONS VI.A Collection methods VI.A.1 OST Lockbox S For an OST-owned lockbox, OST will collect, rece

collections and within 30 days will notify BIA and 

VI.A.2 Tribal lockbox F Tribes receive their funds directly through a tribal

tribe will collect, receipt and account for collection

VI.A.2a Authority F ONRR will inform BIA and OST of a lockbox requ

coordinate and approve all tribal lockbox requestspayors of lockbox procedures. 

VI.A.2b Information exchanges 

F The payor will report the corresponding royalty an

transactions to ONRR in accordance with ONRR ONRR will generate an EOP (see section VII.C E(EOP) to tribes). ONRR may request that the Triinformation. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

VI.A.3 Allotted lease direct pay 

S For allotted leases, lessees or their designees su

the mineral lease owner rather than through ONRmanaged in the trust fund system. 

VI.A.3a Information exchanges 

F The payor will report the corresponding royalty an

transactions to ONRR in accordance with ONRR ONRR does not generate an EOP. 

VI.B Revenue collections and billings VI.B.1 Leases VI.B.1a Bonus J J BIA will bill, collect, and account for bonuses on a

leases, unless otherwise specified by the mineral 

approved by the BIA superintendent. BIA will dep

bids into an OST-managed trust account. 

VI.B.1b Rentals J J J BIA will bill, collect, and account for rental on both 

producing solid mineral leases. BIA will deposit rmanaged trust account. Within 30 days of a rentaproducing lease BIA will notify ONRR. Tribal lockbox remittances: BIA will bill and the triand account for all rentals, whether producing or 

VI.B.1c Royalties J J J Industry will submit to ONRR royalty and product

with ONRR rules, regulations and handbooks. ONRR may not collect royalty payments for solid requested by BIA. Payments may be submitted bfollowing ways, unless otherwise specified. Tribal leases: • OST-owned lockbox; • 

 Tribal-owned lockbox. 

Allotted leases: 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

• OST-owned lockbox; • 

 Allottee receives a check in mail (see section 

methods). 

VI.B.1d Compliance based collections 

F ONRR will bill for compliance activity findings tha

collections. Within 30 days of a request, ONRR wcollection information with the appropriate bureau

VI.B.1e Recoupment policy

 F ONRR will enforce recoupment procedures in acc

rules, regulations and policies. 

VI.B.2 Other collections J J J BIA will bill and collect, and OST will receipt and a

mineral trust; i.e., water payment, lease-related redamages, unless otherwise specified. While enforegulations ONRR may collect other non-standardrevenues, e.g., mineral access fees, over-recoupOST will receipt and account for such revenues a

VI.B.3 Royalty-free use F BIA, the Indian mineral owner, and the lessee det

during lease negotiations. BIA will notify BLM anafter approval of any royalty-free use. 

VI.C Lease royalty rate adjustment 

S BIA will notify ONRR within 30 days of royalty rate 

example of such an adjustment is an annual modConsumer Price Index. 

VI.C.1 Variable royalty rate 

S ONRR and BLM will provide technical advice to a 

will notify ONRR of a royalty rate change within 3

VI.C.1a Continuation of variable rate 

F BLM will monitor production rates. BIA will consu

notify ONRR as needed. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

VI.D Royalty-in-Kind J J J BLM and ONRR will perform their respective duti

value sale. ONRR will require a Solid Mineral ProReport from the operator. BLM and ONRR will foprocesses to resolve non-compliance issues. Cocannot be enforced by BLM or ONRR will be refeenforcement. Any ONRR-related appeal decision Assistant Secretary for Indian Affairs. Any BLM-rwould be made by the Assistant Secretary for Lan

VI.E Avoidably lost mineral assessments J J Within 30 days of receiving BLM's notification of t

quality of avoidably lost minerals, ONRR will bill fand will send a copy of the bill to the originating Brequest, ONRR will notify BIA and the originating resolution. 

VI.F Assessments F Prior to disbursement, ONRR will notify BIA and t

of an assessment resolution. 

VI.G Trespass J J BIA will notify BLM if it makes a trespass determi

BIA and ONRR of its findings on a volume determ

VI.G.1 Billing J J ONRR will bill for trespass royalties within 30 day

from BLM. BIA will bill for liquidated damages. 

VI.G.2 Collection J J J ONRR will collect trespass royalties and process 

notify BIA. BIA will bill for liquidated damages an

VII. REVENUE DISTRIBUTION VII.A Fund transfer J J For any ONRR collections, ONRR will transfer all 

OST Treasury account on the next business day prior to the ONRR cut-off time. OST will post fun

within one (1) business day of notification from O

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

VII.B Provide collection data to BIA/OST/tribal accounts 

J J J For any ONRR collections, ONRR will provide all 

data to OST by the next business day following thwill summarize collection data by deposit ticket foTreasury accounts, and provide a schedule of tribworking days, ONRR will send OST documentatiocollections data provided to OST. 

VII.C Explanation of Payments (EOP) to tribes 

S ONRR will provide a financial distribution report (

Report) to the Tribes no later than the 10th of the month of payment as required by 30 CFR Part 12

VII.D Data transfer and distribution to allottees 

S For ONRR collections, twice monthly ONRR will p

to BIA to create the EOP to the mineral owner(s). 

direct payment is made to allottees. 

VII.D.1 Creation and mailing of Explanation of Payments (EOP) to allottees 

F When the financial distribution report is received f

apply the lease revenue to the TAAMS ownership Explanation of Payment Report (EOP) showing thmineral owner. OST will print and mail an EOP to 

VII.D.2 Payment posting and funds disbursement 

J J OST will transfer the funds from the OST treasury 

mineral estate owner’s IIM account, or make paymthe mineral estate owner. 

VII.E Data business rules J J J An allottee transaction reported to BIA by ONRR 

positive amount for the lease. ONRR will suspenuntil ONRR achieves a resolution with the industr

VII.F Payment and disbursement pending appeal 

S ONRR will require either a payment or surety in li

appealed bill. ONRR will approve the stay of paythe surety. If ONRR receives revenue on an appeforwarded to OST for investment, but ONRR will distribution details until final resolution is reached

VII.G Payment error resolution 

F F F Payment errors are resolved by the appropriate a

processes, rules, and regulations. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

VIII. COMPLIANCE VERIFICATION VIII.A Prepare and coordinate compliance strategies 

J J BLM and ONRR will provide each other with copi

compliance work plan. BLM and ONRR will coordcompliance strategies. BLM and ONRR may conperform compliance activities pursuant to Public LFOGRMA Section 202. Upon request, BLM and appropriate agencies and the lessee of complianc

VIII.A.1 Allottee/ tribal J J J Tribes not covered by FOGRMA 202 agreements

compliance requests that BIA determine lease term compliance, that B

compliance and production verification, and that Ocompliance. (Side MOUs may govern agency res

discussed in the cover memorandum.) Requests without jurisdiction will be forwarded to the approbusiness days. Within 30 days, agencies will resstatus of their request. The responsible agency prequest and the response to other agencies, as a

VIII.A.2 Other compliance requests 

J J BLM performs surface and production compliance 

performs royalty compliance activities and will cooproduction compliance aspects with BLM. Upon or organization with standing, BLM and ONRR wieffort needed to complete compliance requests, band complexity. Unless other time frames are neBLM and ONRR will notify the requestor of the neexpected completion date. Within 30 days after wand ONRR will notify the requestor of their findingactions are necessary to achieve compliance. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

VIII.B Surface compliance S BLM has sole responsibility for all inspection and 

enforcement on all Federal and Indian lands, in aregulations. Side MOUs may govern agency respV.A Mine plan and revisions to the mine plan. 

BLM will still retain oversight authority on contracinspections, in accordance with Federal regulatiostrategy. 

VIII.B.1 Undesirable events 

S BLM and ONRR will process undesirable events, 

losses, in accordance with Federal rules and reguvolume determinations, and within 30 days BLM w

determination to ONRR for valuation and collectiosurface reclamation in accordance with reclamatidefined in the Mine plan. Also see sections V.K bearing minerals and VI.E Avoidably lost minera

VIII.C Production compliance VIII.C.1 Production J J BLM will conduct I&E/PV on a producing operatio

volume verification annual compliance work plan. BLM will conduct q

on all operations, and compare to ONRR productwill inspect a producing facility within 90 days of rresolve a reporting exception or an audit finding wproduction volumes. BLM will report a volume discrepancy to ONRR, i

existing BLM policies, within 30 days after determrequest corrected production and royalty reports will advise BLM when resolved. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

VIII.C.1a Sales volume reporting verification 

S ONRR will perform sales volume comparisons wi

report (Form ONRR-4430) data to ensure all leaspoints are reported properly. ONRR will request when necessary. ONRR system access will be pidentify volume-reporting discrepancies. 

VIII.C.1b Used on lease verification 

F BLM will request the operator to modify P&R re

used on lease are unacceptable. If the operatowill request ONRR to issue an Order to Report. resolution of the Order to Report, ONRR will nooffice. 

VIII.C.2 Missing production reports 

F BLM will request ONRR to issue an Order to Rep

BLM does not resolve the issues with the operatoOrder to Report within 30 days of the request, anorder to the originating BLM office. Within 30 dayONRR will respond on the status or resolution of 

VIII.D Revenue Compliance Revenue compliance activities may include audits

data mining, verification of financial lease terms, 

VIII.D.1 Leasing revenue verification (non-royalties) 

S BIA will verify lease revenues, i.e., pre-production 

damages, off-lease rights-of-way, and other revenBIA rules, regulations, and policies. 

VIII.D.2 Rent and royalty verification 

S ONRR will verify producing lease rent and royaltie

accordance with ONRR rules, regulations, and po

VIII.D.2a Commodity price and allowances 

S ONRR will verify reported commodity prices and c

accordance with ONRR rules, regulations, and po

VIII.D.2b Verification of royalty rate 

F ONRR will verify the accuracy of reported royalty 

lease terms. BLM and ONRR will coordinate as nrespond to an ONRR request within 30 days. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

VIII.D.2c Inventory and stockpiles 

F BLM will assist ONRR by validating inventories w

a request. 

VIII.E Distribution compliance VIII.E.1 Leasing revenue J J BIA and OST will verify lease revenue distribution

their rules, regulations and policies. 

VIII.E.2 Royalty revenue J J J In accordance with agency rules, regulations, and 

ensure royalty distribution files are accurate, and 

distributions to tribes and allottees are accurate. 

VIII.F Compliance documentation requests 

J J J Upon request, each agency will provide a copy of 

other and to states and tribes working under deleagreements at no cost, pursuant to 30 USC 1711

VIII.G Notice of noncompliance 

F F F BIA, BLM, and ONRR may issue a noncomplianc

respective areas of responsibility. BIA or BLM maSolicitor’s Office and the DOJ when necessary. Tforward the notification to affected agencies withi

IX. NONCOMPLIANCE ENFORCEMENT AND RESOLUTION IX.A Order to cease production 

F BLM may initiate, or BIA or ONRR may request, a

cease production. BLM will coordinate with BIA, and urgency, and will issue the order. BLM will pconsultations with BIA or ONRR regarding their reof the order to cease production, BLM will provide BIA or ONRR. 

IX.B Civil penalties and assessments 

J J J BIA, BLM, or ONRR may impose civil penalties a

respective areas of responsibility. Within 30 days 

request, agencies will provide appropriate docum

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

IX.C Cancellation of leases 

F Also see section III.I Lease termination, cancellat

IX.C.1 Violations of BIA regulations 

F BIA will coordinate with BLM and ONRR for any l

will notify BLM and ONRR within 30 days of lease 

IX.C.2 Violations of BLM or ONRR regulations 

F ONRR may request that BIA cancel a lease due t

may request that BIA cancel a lease due to operaother means to gain compliance have failed. BIA ONRR to provide a summary of actions taken to dsupporting documentation, BLM and ONRR will pdocumentation within 30 days. BLM and ONRR w

Office in handling judicial proceedings (25 CFR P3400; and 43 CFR Part 3500). Within 30 days of cancellation request, BIA will provide a summary or will notify BLM and ONRR of a proposed lease 

IX.D Settlements S While negotiating a settlement agreement, ONRR 

information from BIA and BLM. Within 30 days oand BLM will provide requested information. The Indian Affairs will sign a settlement agreement on allottees. Within 30 days of the full execution of tagreement, ONRR will send copies to BIA and BL

IX.E Interest on late payments 

S ONRR will calculate and bill interest on a late pay

ONRR rules, regulations, and policies. 

IX.F Debt collection S ONRR will perform debt collection activities, inclu

Treasury, in accordance with ONRR's rules, reguand/or BLM will respond to ONRR’s requests for information (e.g., Lessee of Record) within 30 daycollect outstanding debt, ONRR may recommend lease. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

IX.F.1 Revocation of leasing and operating privileges 

F ONRR may recommend that BIA or BLM revoke t

company to engage in leasing and other activities company inexcusably or willfully fails to pay a debrespond to ONRR’s recommendation within 60 da

X. PROTESTS AND APPEALS X.A Resolution F F F Each agency will follow its established rules, regu

resolve protests and appeals. Examples of items operators may protest or appeal include, but are • Lease cancellation • Avoidable loss assessments • 

 Lease bond increases 

• Agreement or contract actions (ie. diligent devAgencies may request information from each otheprotests and appeals. Agencies will provide requtime frames established in the request. 

XI. REPORTS AND INFORMATION SHARING XI.A Industry reporting J J J Each agency will follow its internal policies and pr

discrepancies, and will coordinate, as needed, to 

XI.A.1 Changes to reporting frequency 

J J J ONRR will send a lessee’s or operator’s request f

on tribal leases/agreements to tribal offices, BLMconcurrence. For allotted leases/agreements, ONrequest to BIA and BLM. Agencies will respond wfailure to respond is deemed to be concurrence wwill notify BLM, BIA, and the tribe (for tribal leasesnon-monthly reporting frequencies. 

XI.A.2 Extending Reporting Due Dates 

F A reporter request to extend reporting due dates 

ONRR for approval. Within 30 days after ONRR date extensions, ONRR will notify BIA and BLM. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

XI.A.3 Production & Royalty report (Form ONRR-4430) 

S The consolidated form entitled Solid Minerals Pro

Report (Form ONRR-4430) is used by ONRR to omonthly production and royalty information from o

XI.A.3a Production and product quality data 

F ONRR will receive and distribute all solid mineral 

for operations conducted under an approved minits production information, including product qualito BIA and BLM after data acceptance. 

XI.A.3b Sales and royalty remittance data 

S ONRR will provide sales and royalty remittance d

ONRR will make sales and royalty remittance datthrough its automated systems. 

XI.A.3c Data corrections F ONRR is responsible for production and royalty re

corrections. Production reporting errors may requresolve. 

XI.B Bureau information sharing XI.B.1 Data access J J J J Each agency will provide the other agencies with 

as appropriate. In accessing another agency’s IT will comply with that system’s Rules of Behavior f

XI.B.2 Data requests J J J J Agencies will respond within 30 days of a request 

information not otherwise available through their 

XI.B.3 Public release of data 

J J J J Before any agency releases, or otherwise makes 

agency’s data, they must first collaborate with the ensure that the intended purpose of the informatiwith the original purpose of the data. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

XI.C Bankruptcy notifications 

J J J If a lessee, payor, or operator files for Chapter 7 o

ONRR will notify BIA and BLM as soon as practicnotification via the Master Bankruptcy List, unless 

court-mandated. ONRR will update the list and wmonthly. Likewise, BIA and BLM will notify ONRR when they become aware of a bankruptcy notificainformation, unless a shorter time frame is court-mONRR or the Solicitor will notify BIA if they need operating rights ownership information. BIA will pSolicitor with the current and historical lessee and within 10 working days from the date of receipt of Agencies will coordinate with the Solicitor, and withat complete and accurate claims are submitted to the appropriate U.S. Bankruptcy Court. 

XI.D Allottee/tribal inquiries 

J J J J Tribes or allottees may have a question that requ

agencies or offices to resolve. Inquiries may be rcall center, OST trust officers, agency outreach scalls to any agency. When necessary, requests rwithout jurisdiction will be provided to the agency within five business days. Within 30 days, agencrequestors, and if appropriate, to the referring agethe request. For inquiries received by the OST caforwarded to the trust officer, the trust officer will 

requestor. See Attachment E, “Information ShariONRR, OSM and OST”. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment C 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – INDIAN 

ACTIVITY BIA BLM ONRR OST REMARKS 

XI.E Outreach J J J J Agencies will communicate with tribes and allotte

or in response to inquiries. Agencies will commuwith each other in order to prevent conflicting infoto promote efficiency, and to minimize imposition time of tribes and allottees. Agencies will provide business days’ advance notice of scheduled meeallottees. 

XI.F Training XI.F.1 Industry training J J J J As needs and opportunities arise for industry train

agency participation, the sponsoring agency will nappropriate agencies. Within 30 days of a requeswill respond to the sponsoring agency. 

XI.F.2 Employee training J J J J As needs, class offerings, and opportunities for o

within an agency, the agency will notify the BLM-who will serve as the central contact point for joinwill notify the other agencies, and will facilitate joi

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Onshore Energy and 

Mineral Lease 

Management 

Interagency SOP 

Attachment D 

Agency Responsibilities and 

Information Sharing 

SOLID MINERALS – FEDERAL 
Attachment D 

Agency Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

TABLE OF CONTENTS 

ACRONYMS AND DEFINITIONS ..................................................................... D-v 

I NONLEASING ACTIONS ...................................................................... D-1 

G Lease changes (modifications, readjustments, 

A Mineral potential valuation ............................................................. D-1 

II PRELEASING ACTIONS ...................................................................... D-1 

A Mineral potential assessments ....................................................... D-1 

B Tract evaluation .............................................................................. D-1 

C Tract selection ................................................................................ D-1 

D Lease forms ................................................................................... D-1 

E Bonus bid acceptance .................................................................... D-1 

F NEPA compliance .......................................................................... D-1 

III LEASING ACTIONS .............................................................................. D-1 

A Sale notice ..................................................................................... D-1 

B Lease/contract/permit issuance ...................................................... D-2 

C Assignment of record title ............................................................... D-2 

D Bonding .......................................................................................... D-2 

E Lease continuation ......................................................................... D-4 

F Lease consolidation or segregation ................................................ D-4 

resurveys, etc.)............................................................................... D-4 

H Lease termination, cancellation ...................................................... D-5 

I Expirations ..................................................................................... D-5 

IV FORMAL AGREEMENTS ..................................................................... D-6 

A Logical mining units........................................................................ D-6 

V OPERATIONS ....................................................................................... D-6 

A Mine plan and revisions to the mine plan ....................................... D-6 

B Exploration plans............................................................................ D-6 

C Change of operator ........................................................................ D-6 

D Operating rights .............................................................................. D-6 

E First and last production ................................................................. D-6 

F Diligent development...................................................................... D-6 

G Disposal of produced water ............................................................ D-6 

D-ii 
Attachment D 

SOLID MINERALS – FEDERAL 

TABLE OF CONTENTS 

H Determination of beneficial use ...................................................... D-7 

I Volume and weight measurement .................................................. D-7 

J Off-lease measurement .................................................................. D-7 

K Avoidable loss of royalty-bearing minerals ..................................... D-7 

L Alleged theft ................................................................................... D-7 

M Reserve calculations ...................................................................... D-7 

N Reclamation plan ........................................................................... D-8 

VI COLLECTIONS ..................................................................................... D-8 

A Revenue collections and billings .................................................... D-8 

B Royalty-free use ............................................................................. D-9 

C Lease royalty rate adjustment ........................................................ D-9 

D Avoidably lost mineral assessments .............................................. D-9 

E Civil penalties and assessments .................................................... D-9 

VII REVENUE DISTRIBUTION .................................................................... D-9 

A Mineral Leasing Act revenues (except rights-of-way) ..................... D-9 

B Non-Mineral Leasing Act revenues ................................................ D-9 

C Improper revenue receipt ............................................................. D-10 

D Disbursement pending appeal ...................................................... D-10 

VIII COMPLIANCE VERIFICATION ........................................................... D-10 

A Prepare and coordinate compliance strategies ............................ D-10 

B Surface compliance ...................................................................... D-10 

C Production compliance ................................................................. D-11 

D Revenue compliance .................................................................... D-11 

E Compliance documentation requests ........................................... D-11 

F Notice of noncompliance .............................................................. D-12 

IX NONCOMPLIANCE ENFORCEMENT AND RESOLUTION ................ D-12 

A Order to cease operations............................................................ D-12 

B Civil penalties and assessments .................................................. D-12 

C Cancellation of leases .................................................................. D-12 

D Settlements .................................................................................. D-12 

E Interest on late payments ............................................................. D-12 

F Debt collection .............................................................................. D-12 

X PROTESTS AND APPEALS ................................................................ D-13 

A Resolution .................................................................................... D-13 

D-iii 
XI 

Attachment D 

SOLID MINERALS – FEDERAL 

TABLE OF CONTENTS 

REPORTS AND INFORMATION SHARING ........................................ D-13 

A Industry reporting ......................................................................... D-13 

B Agency information sharing .......................................................... D-14 

C Bankruptcy notifications ............................................................... D-14 

D Citizen inquiries/FOIA requests.................................................... D-15 

E Training ........................................................................................ D-15 

D-iv 
Attachment D 

SOLID MINERALS – FEDERAL 

ACRONYMS 

AFMSS Automated Fluid Mineral Support System 

APD Application for Permit to Drill 

BIA Bureau of Indian Affairs 

BLM Bureau of Land Management 

CA Communitization Agreement 

CFR Code of Federal Regulations 

CPI Consumer Price Index 

CRA Compensatory Royalty Agreement 

DOJ Department of Justice 

EOP Explanation of Payments 

EPA Environmental Protection Agency 

F Final (normally, consultation occurs) 

FOGRMA Federal Oil and Gas Royalty Management Act of 1982 

GDP Geothermal Drilling Permit 

IEED Indian Energy and Economic Development 

I&E/PV Inspection and Enforcement/Production Verification 

IMDA Indian Mineral Development Act 

IPAC Inter-governmental Payment And Collection system 

J Joint (responsibility shared/consultation required) 

KGRA Known Geothermal Resource Area 

KLA Known Leasing Area 

LAS Lease Account Status 

LMU Logical Mining Unit 

MLA Mineral Leasing Act 

MOU Memorandum of Understanding 

MSHA Mine Safety Health Administration 

MRMSS Minerals Revenue Management Support System 

MSHA Mine Safety Health Administration 

NBC National Business Center 

NEPA National Environmental Policy Act of 1969 

NONC Notice of Noncompliance 

NPRA National Petroleum Reserve Alaska 

NTL Notice to Lessees 

OCIO Office of the Chief Information Officer 

OIG Office of Inspector General 

ONRR Office of Natural Resources Revenue 

OSM Office of Surface Mining 

OST Office of Special Trustee for American Indians 

RIK Royalty-in-Kind 

RSFA Royalty Simplification and Fairness Act 

S Sole (no consultation required) 

SF Standard Form 

UIC Underground Injection Control 

D-v 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

I. NONLEASING ACTIONS I.A Mineral potential valuation 

S For non-leasing purposes, such as preparation of economic development p

management plans, BLM may request and fund the Office of Mineral EvaluSecretary, to perform mineral assessments and economic valuation determ

II. PRELEASING ACTIONS II.A Mineral potential assessments 

S To determine if an area has future potential leasing possibilities, BLM may 

potential evaluation. When future potential leasing possibilities are evidentidentify specific tract areas. 

II.B Tract evaluation S BLM will complete a tract evaluation for mineral leasing potential. 

II.C Tract selection S BLM will identify unleased tracts with mineral potential for leasing. II.D Lease forms F In the event that BLM changes lease forms, BLM will provide ONRR with a 

lease forms at least 60 days prior to proposed implementation. Within 30 d

any comments. BLM will perform follow-up consultations with ONRR regaall their comments. 

II.D. 1 Non-standard terms F If BLM proposes non-standard lease terms, BLM will provide ONRR with a 

lease terms. Within 30 days, ONRR will provide any comments. BLM will consultations with ONRR regarding the resolution of all their comments. 

II.E Bonus bid acceptance S Per Departmental Manual 516, OME is responsible for determining fair ma

leasing purposes. However, when OME was created, funding was not proand until such time as funding is provided, the responsibility remains BLM’sdetermination includes royalty rate, rental, and minimum bonus. 

II.F NEPA compliance F Any NEPA compliance documentation will be in compliance with the Depa

regulations at 43 CFR Part 46 and the appropriate Bureau Chapter of 516 estate, see Attachment A. 

III. LEASING ACTIONS III.A Sale notice S Each BLM state office will post the notice of competitive lease sale in the s

and on the state office web site at least 90 days prior to the lease sale. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.B Lease/contract/ permit issuance 

S Within five working days after lease issuance, BLM will provide ONRR with 

and IPAC for bonus bid and the first year’s rent. BLM will respond to ONRappropriate, provide an updated accounting advice within 30 days. 

III.B.1 Bid forfeiture S If the lease bidder forfeits their deposit, BLM will provide ONRR with an ac

IPAC for the forfeited bonus bid. 

III.B.2 Future interest leases 

S BLM will provide an accounting advice, and will send the bonus collection t

future interest lease. The accounting advice will state the lease is to be suNot less than 120 days prior to the vesting date, BLM will provide an accoulifting the suspension, after which ONRR will generate courtesy notices inc

III.B.3 Rights-of-way S Off-lease rights-of-way are the responsibility of the surface management a

III.B.4 Surface use agreement 

F The preparation, execution, and administration of surface use agreements 

regulations, and procedures of the responsible surface management agen

III.B.4a Bonding-on (bonding for making surface owner whole on split estates) 

F Absent the successful execution of a surface use agreement, the agency r

mineral estate will be responsible for the "bonding-on" process, which will idisbursements to the surface owner, when required. For a federal mineral surface, when mutually agreed to, BIA may assume BLM's responsibilities agreement and disbursement of any annual payments required. 

III.C Assignment of record title 

F Within 30 days of a request from BLM, ONRR will provide BLM with verific

has reported and paid rents and minimum royalties. ONRR will follow up BLM will process, and may approve, assignment of a record title. Within 3BLM will provide ONRR with an accounting advice showing 100 percent of 

III.C.1 Record title inquiries F Within 30 days of ONRR's request, BLM will provide lessee of record inform

The information will be based on information submitted by industry and con

III.D Bonding Bonding has to be consistent with the bonding regulation in 43 CFR Part 3

personal or surety bonds, and lists as possible forms of personal bonds the check, certified check, or negotiable US Treasury bonds. Surety bonds muqualified surety companies. 43 CFR 3504.55. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.D.1 Bond amount and acceptance 

S BLM will establish bond amounts according to BLM rules, regulations, and 

III.D.1a Bond reduction request 

F Within 30 days of a request from BLM, ONRR will advise if rent and minim

BLM may consult with ONRR regarding potential royalty liabilities. Upon reONRR will determine the level of effort needed to review bond reduction re

history and internal policies. Unless other time frames are negotiated, withnotify BLM of the actions necessary to provide assurance. Within 30 days ONRR will notify BLM of its findings and whether any additional action is n

III.D.1b Insufficient bond S BLM will monitor bonding sufficiency to cover operations, reclamation, and 

when necessary, take action to increase bond amount. 

III.D.2 Demand for performance 

F For rents and royalties, ONRR will notify BLM when a call on a lease bond 

on its own initiative, demands performance on a bond, BLM will notify ONRthe bond. In either case, within 30 days of notification, BLM will demand psurety and will send a copy to ONRR. BLM and ONRR have 30 days to redefault. Where there is competing interest in the bond, reclamation matterWhen the demand has been paid, BLM will provide a confirmation receipt tworking days. Responsibility for further action returns to ONRR if only a re

debt remains after collection under the bond. 

III.D.2a Demand status S Upon request, BLM will provide ONRR with a monthly status report on any 

surety. BLM will notify ONRR within 90 days if the surety is not sufficient to 

if no other means of demand satisfaction is anticipated. 

III.D.2b Demand payment F BLM will transfer the appropriate funds to ONRR by IPAC within 5 working 

payment so that ONRR can access the information. 

III.D.3 Bond termination F BLM will consult with ONRR on all bond termination/relinquishment reques

royalty liabilities. Upon request from BLM, ONRR will determine the level o

review bond termination requests, based on lease history and internal policframes are negotiated, within 30 days ONRR will notify BLM of the actions assurance. Within 30 days after work completion, ONRR will notify BLM owhether any additional action is necessary. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

Note: Timing requires further discussion with the Solicitor on how long to hreasonable standard to release a bond. 

III.E Lease continuation III.E.1 Extensions – discovery on segregation, elimination from agreement 

S Within 30 days from the date of the decision, BLM will provide ONRR with 

a copy of the decision. 

III.E.2 Renewal or exchange 

S BLM will provide ONRR with a copy of the decision within five working day

BLM request, ONRR will provide an LAS review. 

III.E.3 Production S BLM will notify ONRR within 10 working days after receiving a notification o

operator. Upon request, BLM will provide a copy of the lease contract to O

III.E.4 Suspension of operations and production 

S BLM will notify ONRR within 30 days of approval so that lease obligations 

suspension includes the suspension of a lease-level obligation (i.e., rents, advance royalty, etc.). ONRR will need a copy of the suspension of operat(modifies financial obligations), not suspension of operations OR productiofinancial obligations). Within 30 days of lifting a suspension, BLM will proviapproval document to ONRR. 

III.E.5 Relinquishment S BLM may request a lease status review from ONRR that indicates if the lea

Within 30 days of the request, ONRR will perform an LAS review to ensure 

compliance with all lease terms, including all reporting and payment requireprovide a lease relinquishment document to ONRR within 30 days of the d

III.F Lease consolidation or segregation 

S BLM may consult with ONRR if one or more of the leases are producing. B

within 10 working days of approval. 

III.G Lease changes (modifications, readjustments, resurveys, etc.) 

F BLM may request a lease status review from ONRR that indicates if the lea

Within 30 days of the request, ONRR will perform an LAS review to ensure compliance with all lease terms, including all reporting and payment requireONRR a copy of the modification and amendment within 30 days of approv

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.G.1 Non-standard terms F Prior to approval, BLM will provide ONRR with a copy of proposed non-sta

modifications. Within 30 days, ONRR will provide any comments. BLM w

consultations with ONRR regarding the resolution of all their comments. Bcopy of the modified lease within 30 days of approval. 

III.G.2 Financial obligation adjustments 

S Prior to approval, BLM will provide ONRR with a copy of proposed financia

adjustments. Within 30 days, ONRR will provide any comments. BLM will consultations with ONRR regarding the resolution of all their comments. Bcopy of the financial obligation adjustments within 30 days of approval. 

III.H Lease termination, cancellation III.H.1 Termination F BLM may request a lease status review from ONRR that indicates if the lea

Within 30 days of the request, ONRR will perform an LAS review to ensure compliance with all lease terms, including all reporting and payment requirfollow up on all under-payments. BLM will notify ONRR within 30 days of the termination. 

III.H.2 Cancellation F BLM will determine if a lease should be canceled, and may request a lease 

ONRR that indicates the lease account status. BLM will notify ONRR of an

deficiencies. Within 30 days of the request, ONRR will perform an LAS revlessee is in compliance with all lease terms, including all reporting and payONRR will follow up on all under-payments. BLM will notify ONRR within 3cancellation. BLM and ONRR will coordinate on the production reporting requirements a

remaining inventory. 

III.H.2a Royalty liability F After consultation with the Solicitor, ONRR may ask BLM to request cance

other appropriate enforcement action due to royalty liability. See section IXleases. 

III.I Expirations 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

III.I.1 Expiration of primary term 

F Within 30 days of lease expiration, BLM will notify ONRR if operations com

midnight of the lease expiration date. 

III.I.2 Cessation of production 

F Within 30 days of expiration due to cessation of production, BLM will provid

the decision. 

IV. FORMAL AGREEMENTS IV.A Logical mining units S BLM will provide ONRR a copy of the decision letter and LMU agreement w

of final approval. 

V. OPERATIONS V.A Mine plan and revisions to the mine plan 

S Within 30 days of approval, BLM will provide ONRR with a copy of an appr

document for a mining plan. BLM is responsible for ensuring compliance wNEPA for a mine plan and proposed revisions to the mine plan. 

V.B Exploration plans F BLM approves all exploration and mine plan developments on Federal ons

Associated with this responsibility is compliance with all facets of the NEPAof the mine plan include reclamation plans, BLM is responsible for the adm

acceptance of reclamation of the mine. 

V.C Change of operator S BLM will notify ONRR of a change of operator, and will provide them a cop

document within 30 days of approval. 

V.D Operating rights S When operating rights information is requested by ONRR, within 30 days B

of the operating rights information submitted by industry to BLM. 

V.E First and last production 

S First Production: BLM will notify ONRR of first production within 10 workin

notification of production from the operator. Within 30 days of an ONRR rerelated lease documents to ONRR. Last Production: Within 10 working days of determination, BLM will notify in paying quantities has ceased. Within 30 days of an ONRR request, BLvalidate remaining inventories. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

V.F Diligent development S Within 30 days of an ONRR request, BLM will review a lease to ensure dili

accordance with BLM's guidelines and procedures. Within 30 days of detemeet a diligent development requirement, BLM will notify ONRR. 

V.G Disposal of waste F BLM will authorize disposal of waste in accordance with the terms and con

for which the operator will be responsible. When a split estate with Federasurface is involved, BLM will consult with BIA to obtain conditions of approvagreement, prior to authorization. Other agencies may become involved, dmethod of disposal, e.g., EPA. 

V.H Determination of beneficial use 

F BLM will notify ONRR of inappropriate claims of beneficial use within 10 wo

adjudication. ONRR will refer any unapproved or excessive beneficial use 

compliance activities to BLM for verification. BLM will respond to ONRR w

with the results of their research. 

V.I Volume and weight measurement 

F BLM will verify volume and weight measurement from Indian/Federal and, 

and fee lands. 

V.I.1 Approval F BLM will approve a volume and weight measurement, and within 30 days, 

of the royalty product and the point of royalty determination. 

V.I.2 Standard of accuracy F BLM is responsible for ensuring that a measurement is in compliance with 

Accuracy. Within 30 days of a BLM request, ONRR will determine and resyields acceptable accuracy. 

V.I.2a Departure from equipment accuracy standard 

F BLM has the authority to approve a departure from the established standar

with ONRR before approving a departure from the established standard. Owithin 30 days of a request. 

V.J Off-lease measurement S BLM has the authority to approve off-lease measurement. To support an O

activity, BLM will provide copies of an off-lease measurement approval with

request. 

V.K Avoidable loss of royalty-bearing minerals 

J J BLM will make a determination if an avoidable loss of production has occu

receiving specific volume details from BLM, ONRR will take collection actio

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

V.L Alleged theft F BLM will pursue alleged theft in accordance with BLM instructional manual

includes alleged employee misconduct. BLM will document an inspection in the appropriate database, and will follow the established procedures. 

V.M Reserve calculations S BLM will perform a calculation as necessary. BLM will notify ONRR of any 

reserves for coal leases. 

V.N Reclamation plan V.N.1 Approval F BLM is solely responsible for approval of the reclamation plan on a unified 

On split-estate lands with Indian surface, BLM will use BIA reclamation sta

operator’s restoration plan, as applicable. BIA will notify BLM within 30 daystandards change. Refer to Attachment G “Responsibilities and Procedures of BIA, BLM, and and Mining Operations on Indian Lands” for coal reclamation plans. 

V.N.2 Monitoring S BLM will monitor for reclamation plan compliance, consistent with the term

section V.A Mine plan and revisions to mine plan). 

V.N.3 Acceptance of reclamation 

S When satisfactorily reclaimed, BLM accepts the reclamation and will notify 

on split estate lands with Indian surface. 

V.N.4 Release of bond F See section III.D.3 Bond termination 

VI. COLLECTIONS VI.A Revenue collections and billings VI.A.1 Bonus and first year rental J J BLM will collect sale bonuses in accordance with its rules, regulations, and 

provide ONRR with an accounting advice and IPAC for the bonus and first

working days after lease or permit issuance. 

VI.A.2 Subsequent rentals and bonuses 

J J ONRR will collect, receipt, and account for all subsequent bonus and rent p

provide ONRR with an accounting advice and IPAC for any subsequent faicompetitive bonus payments made to BLM. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VI.A.3 Billing and payment of advance royalty J J Tonnage on which advance royalty is due will be calculated by BLM and p

ONRR will notify the lessee and BLM of the unit value and the advanced ro

VI.A.4 Royalties S Industry will submit royalty and production reports to ONRR in accordance 

regulations, and handbooks. ONRR will collect and account for royalty on agreements. 

VI.A.5 Compliance based collections 

F ONRR will bill for compliance activity findings that require additional collect

a request, ONRR will share findings and collection information with BLM. 

VI.A.6 Other collections S While enforcing its rules and regulations, ONRR may collect other lease-re

invoice billings. 

VI.B Royalty-free use S BLM will notify ONRR 30 days after approval of any “royalty-free” use. VI.C Lease royalty rate adjustment 

S BLM will notify ONRR within 30 days of royalty rate adjustment. An exam

adjustment is an annual modification based on the Consumer Price Index. 

VI.C.1 Variable royalty rate J J ONRR and BLM will provide technical advice as needed. BLM will notify O

change within 30 days of approval. 

VI.C.1a. Continuation of variable rate 

S BLM will monitor production rates and notify ONRR as needed. 

VI.D Avoidably lost mineral assessments 

J J Within 30 days of receiving BLM's notification of the type, quantity, and qua

minerals, ONRR will bill for royalty compensation and will send a copy of thBLM office. Upon request, ONRR will notify the originating BLM office of th

VI.E Civil penalties and assessments 

J J BLM or ONRR may impose, bill, and collect civil penalties or assessments 

areas of responsibility. 

VII. REVENUE DISTRIBUTION VII.A Mineral Leasing Act J revenues (except rights-ofway) 

J ONRR will provide BLM with mineral revenue statistics and information upo

agency releases, or otherwise makes available, another agency’s data, thewith the originating agency to ensure the intended purpose of the informatiwith the original purpose of the data. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

When questions arise concerning matters affecting revenue distribution, sulocation of leases, distribution fund codes, or ownership of acquired lands/request a recommendation from BLM; BLM will respond within 30 days of r

VII.B Non-Mineral Leasing Act revenues 

J J As needed, ONRR will consult with BLM to determine the proper distributio

VII.C Improper revenue receipt 

J J Agencies will coordinate and, when appropriate, will send an IPAC to the p

incorrect revenue receipts. 

VII.D Disbursement pending appeal 

S ONNR disburses payments received on appealed bills. 

VIII. COMPLIANCE VERIFICATION VIII.A Prepare and coordinate compliance strategies 

J J BLM and ONRR will prepare and execute an annual integrated compliance 

ONRR may contract with a State to perform compliance activities pursuant 205. Upon request, BLM and ONRR will notify each other of compliance a

VIII.A.1 Compliance requests 

J J BLM performs surface and production compliance activities, and ONRR pe

compliance activities and will coordinate appropriate production compliancUpon request by an individual or organization with standing, BLM and ONRlevel of effort needed to complete compliance requests, based on lease hisUnless other time frames are negotiated, within 30 days BLM and ONRR wof the actions necessary and an expected completion date. Within 30 days BLM and ONRR will notify the requestor of their findings and whether additnecessary to achieve compliance. 

VIII.B Surface compliance S BLM has sole responsibility for all inspection and operations-related enforc

and Indian lands, in accordance with Federal regulations,. Side MOUs may responsibilities, see section V.A Mine plan and revisions to the mine plan. BLM will still retain oversight authority on contracted (i.e., P.L. 93-638) inspwith Federal regulations and BLM's annual strategy. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VIII.B.1 Undesirable events S BLM and ONRR will process undesirable events, e.g., spills and avoidable 

with Federal rules and regulations. BLM will make volume determinations, BLM will provide the determination to ONRR for valuation and collection. B

reclamation in accordance with reclamation requirements as defined in the sections V.K Avoidable loss of royalty-bearing minerals and VI.D Avoidab

assessments. 

VIII.C Production compliance VIII.C.1 Production volume verification 

J J BLM will conduct I&E/PV on a producing operation in accordance with the 

work plan. BLM will conduct quarterly, routine I&E/PV on all operations, an

production volume data. BLM will inspect a producing facility within 90 day

request to resolve a reporting exception or an audit finding when it relates BLM will report a volume discrepancy to ONRR, in accordance with existin30 days after determination. ONRR will request corrected production and ONRR-4430) and will advise BLM when resolved. 

VIII.C.1b Used on lease verification 

F BLM will request the operator to modify P&R reports when volumes used 

unacceptable. If the operator fails to comply BLM will request ONRR to is

Within 30 days of resolution of the Order to Report, ONRR will notify the o

VIII.C.1a Sales volume reporting verification 

S ONRR will perform sale volume comparisons with Production & Royalty Re

4430) data to ensure all leases, mines, and sales points are reported propereporter corrections when necessary. ONRR system access will be provididentify volume-reporting discrepancies. 

VIII.C.2 Missing production reports 

F BLM will request ONRR to issue an Order to Report for missing reports if B

the issues with the operator. ONRR will issue an Order to Report within 30 and will send a copy of the order to the originating BLM office. Within 30 dONRR will respond on the status or resolution of the order. 

VIII.D Revenue compliance Revenue compliance activities may include audits, compliance reviews, da

financial lease terms, interest billing, etc. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

VIII.D.1 Rent and royalty verification 

S ONRR will verify that producing lease rent and royalties are paid in accord

regulations, and policies. 

VIII.D.1a Commodity price and allowances 

S ONRR will verify reported commodity prices and claimed allowances in acc

rules, regulations, and policies. 

VIII.D.1b Inventory and stockpiles 

F BLM will assist ONRR by validating inventories within 30 days of receipt of 

VIII.E Compliance documentation requests 

J J Upon request, each agency will provide a copy of documents to each othe

tribes working under delegated and cooperative agreements, at no cost pu

1711(c)(3). 

VIII.F Notice of noncompliance 

F F BLM and ONRR may issue a noncompliance notification in their respective 

The originating agency will forward the notification to the other affected age

IX. NONCOMPLIANCE ENFORCEMENT AND RESOLUTION IX.A Order to cease production 

F BLM may initiate, or ONRR may request, an order to an operator to cease 

perform follow-up consultations with ONRR regarding their request. Within cease production, BLM will provide a copy of the order to ONRR. 

IX.B Civil penalties and assessments 

J J BLM or ONRR may impose civil penalties and assessments in their respec

responsibility. Within 30 days of a request, agencies will provide appropriatrequestor. 

IX.C Cancellation of leases F See section III.H Lease termination, cancellation. 

IX.C.1 Violations of BLM or ONRR regulations 

F ONRR may request that BLM cancel a lease due to royalty liability, or BLM 

due to operational deficiencies, when other means to gain compliance havrequests supporting documentation, ONRR will provide such documentatio

and ONRR will assist the Solicitor's Office in handling judicial proceedings CFR Parts 3400 and 3500. Within 30 days of an ONRR lease cancellation either provide a summary of actions taken to date or will notify ONRR of a cancellation. 

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

IX.D Settlements S While negotiating a settlement agreement, ONRR may request information 

respond within 30 days. If BLM is a signatory to the agreement, ONRR wilto signature. Within 30 days of full execution of a settlement agreement, Oof the fully executed settlement to BLM. 

IX.E Interest on late payments 

S ONRR will calculate and bill interest on a late payment in accordance with 

regulations, and policies. 

IX.F Debt collection S ONRR will perform debt collection activities, including a referral to Treasury

ONRR's rules, regulations, and policies. BLM will respond to ONRR’s requcollection information (e.g., Lessee of Record) within 30 days. If ONRR fadebt, ONRR may recommend that BLM cancel the lease. 

IX.F.1 Revocation of leasing and operating privileges 

F ONRR may recommend that BLM revoke the ability of a person or compan

and other activities if that person or company inexcusably or willfully fails to respond to ONRR’s recommendation within 60 days. 

X. PROTESTS AND APPEALS X.A. Resolution F F Each agency will follow its established rules, regulations, and policies to re

appeals. Examples of items that lessees or operators may protest or appelimited to: • Lease cancellation

 • Avoidable loss assessments • 

 Lease bond increases 

• Agreement or contract actions (ie. diligent development requirements) Agencies may request information from each other in order to resolve proteAgencies will provide requested information within the time frames establis

XI. REPORTS AND INFORMATION SHARING XI.A Industry reporting J J Each agency will follow its internal policies and procedures to resolve data 

coordinate as needed to resolve an issue. 

XI.A.1 Changes to reporting frequency 

J J ONRR will send a lessee’s or operator’s request for non-monthly reporting 

concurrence. BLM will respond within 30 days. Failure to respond within 3concurrence with the proposal. ONRR will notify BLM when it implements frequencies. 

F = Final responsibility, consultation required 

J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

XI.A.2 Extending Reporting Due Dates 

F Reporters must submit requests to extend reporting due dates to ONRR fo

days after ONRR approves reporting due date extensions, ONRR will notif

XI.A.3 Production & Royalty report (Form ONRR-4430) 

S The consolidated form entitled Solid Minerals Production and Royalty Repo

is used by ONRR to obtain solid mineral monthly production and royalty inf

operators. 

XI.A.3a Production and product quality data 

F ONRR will receive and distribute all solid mineral production information fo

under an approved mine plan. ONRR will make its production information, quality information, available to BIA and BLM after data acceptance. 

XI.A.3b Sales and royalty remittance data 

S ONRR will make sales and royalty remittance data accessible to BLM throu

systems. 

XI.A.3c Data corrections S ONRR is responsible for production and royalty reporting error corrections

errors may require BLM’s assistance to resolve. 

XI.B Agency information sharing XI.B.1 Data access J J Each agency will provide the other agency with access to its IT systems, a

accessing the other agency’s IT system, each agency will comply with that Behavior for access and use. 

XI.B.2 Data requests J J Agencies will respond within 30 days of a request from the other agency fo

otherwise available through their IT systems. 

XI.B.3 Public release of data 

J J Before any agency releases, or otherwise makes available, another agenc

collaborate with the originating agency to ensure that the intended purpose release is consistent with the original purpose of the data. 

XI.C Bankruptcy J notifications 

J If a lessee, payor, or operator files for Chapter 7 or Chapter 11 protection, 

as soon as practicable following receipt of notification via the Master Bankshorter time frame is court-mandated. ONRR will update the list and will prmonthly. Likewise, BLM will notify ONRR as soon as practicable when thebankruptcy notification or other related information, unless a shorter time fr

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Attachment D 

Bureau Responsibilities and Information Sharing 

SOLID MINERALS – FEDERAL 

ACTIVITY BLM ONRR REMARKS 

ONRR or the Solicitor will notify BLM if they need lessee or operator informSolicitor will provide BLM with the agency-assigned numbers of the affecteagreement names, if applicable, and the time period covered in the bankruprovide ONRR or the Solicitor with the current and historical lessee and opsubmitted by industry to BLM, within 10 working days from the date of receAgencies will coordinate with the Solicitor, and with each other, to ensure taccurate claims are submitted timely to the appropriate U.S. Bankruptcy CDepartment. 

XI.D Citizen inquiries/FOIA requests 

J Agencies will communicate and coordinate with each other as appropriate 

dissemination of conflicting information. When necessary, requests receiv

without jurisdiction will be provided to the agency that has jurisdiction withiWithin 30 days, agencies will respond to requestors and, if appropriate, to with the status of the request. See Attachment E, “Information Sharing by ONRR, OSM and OST”. 

XI.E Training XI.E.1 Industry training J J As needs and opportunities for industry training that require multiple-burea

sponsoring agency will notify and coordinate with other appropriate agencirequest, participating agencies will respond to the sponsoring agency. 

XI.E.2 Employee training J J As needs, class offerings, and opportunities for on-the-job training arise wi

agency will notify the BLM-ONRR Minerals Liaison, who will serve as the cjoint training. The Liaison will notify the other agencies and will facilitate jo

F = Final responsibility, consultation required J = Joint responsibility, concurrence required S = Sole responsibility, no consultation required 
Onshore Energy and 

Mineral Lease 

Management 

Interagency SOP 

Attachment E 

Information Sharing by 

BIA, BLM, IEED, ONRR, OSM, 

and OST 
Attachment E 

Information Sharing by 

BIA, BLM, IEED, ONRR, OSM, and OST 

This attachment applies to agency records for Federal and Indian (tribal and individual) 

energy and mineral lease activities, and describes the general processes for how BIA, 

BLM, IEED, ONRR, OSM, and OST (“agencies”): 

1. Provide information to the public; 

2. Maintain proprietary and confidential information; 

3. Share information or data with each other; and 

4. Share information with tribes. 

The processes described in this attachment apply to all records of the agencies. 

Agency records, as defined in 43 CFR Part 2.3(c) and 383 DM 15, 1.5D, are “any 

documentary material which is either created or obtained by an agency in the 

transaction of agency business and under agency control.” 

The processes follow applicable statutes, regulations, and Departmental policy and 

guidance. If these processes conflict with any applicable statutes or regulations or 

Departmental policy or guidance, the statutes, regulations or Departmental policy or 

guidance take precedence. 

Providing information to the public 

Providing information to the public includes responding to the Freedom of Information 

Act (FOIA) requests, and posting information in agency reading rooms or on agency 

web sites. 

Requests for agency records 

Requests for agency records from individuals or entities outside the Executive Branch of 

the Federal Government are processed by the office of record under FOIA (5 USC 552). 

The Department of the Interior (DOI) FOIA Handbook (handbook), 383 DM 15, provides 

policy and general guidance for administering and implementing FOIA in the DOI. The 

handbook is used in conjunction with: 

1. Freedom of Information Act (FOIA) (5 U.S.C. 552), 

2. DOI FOIA regulations (43 CFR Part 2, Subparts A-E), 

3. Privacy Act of 1974, as amended (5 U.S.C. 552a), 

4. DOI Privacy Act regulations (43 CFR Part 2, Subpart G), 

5. DOI Privacy Act Manual (383 DM 1-13), 

Page E-2 
Attachment E 

Information Sharing by BIA, BLM, IEED, ONRR, OSM, and OST 

6. The most recently issued Department of Justice FOIA Guide and Case List, 

DOI’s Office of the Chief Information Officer (OCIO)/Information Resource 

Management bulletins or other directives, and 

7. Agency-specific guidance for handling requests for information, such as the 

ONRR/MRM memo for handling requests for proprietary and other 

records/information/data. 

The OCIO’s FOIA and privacy pages on the DOI web site provide comprehensive lists 

of references for assistance in implementing FOIA and the Privacy Act. In addition, 

each agency has a FOIA officer and a Privacy Act officer, who are consulted by the 

recipient of a FOIA or Privacy Act request. Agencies may also consult with the 

Solicitor’s Office when responding to FOIA requests. 

In order for an agency record to be a record subject to FOIA, “it must be in the agency’s 

possession and control as of the date the agency begins its search for responsive 

records” for a FOIA request (383 DM 15, 1.10 B). 

The following table shows the Departmental regulation and handbook process for 

determining agency responsibilities in response to a FOIA request. 

If the agency that 

receives a FOIA 

request finds the 

requested records are Then the agency will... And... 

in its possession and 

control, 

respond to the FOIA 

request (383 DM 15, 3.8-

3.10). 

not in its possession, but refer the request to that in writing, notify the requestor of the 

knows that another agency for direct response, referral and provide the name of a 

agency has or is likely to contact in the other agency (43 CFR 

have the records, Part 2.22(a) and 383 DM 15, 3.14). 

in its possession, but 

another DOI agency 

created or is substantially 

concerned with the 

records, 

consult with the other 

agency before deciding 

whether to release or 

withhold the records (43 

CFR Part 2.22(a) and 383 

DM 15, 3.14) OR 

respond to the request. 

in its possession, but 

another DOI agency 

created or is substantially 

concerned with the 

records, 

refer the request, along 

with the records, to the 

other agency for direct 

response, 

notify the requestor of the referral in 

writing, and provide the name of a 

contact in the other agency (43 CFR 

Part 2.22(a) and 383 DM 15, 3.12) 

FOIA does not provide a specific exemption for withholding information related to 

Indian energy and mineral development contained in an agency record. However, 

FOIA does provide exemptions that may apply to certain information concerning Federal 

or Indian energy and mineral leases, which are as follows. 

Page E-3 
Attachment E 

Information Sharing by BIA, BLM, IEED, ONRR, OSM, and OST 

FOIA Exemption 3 

Agencies must withhold information for which another statute “requires that the 

matters be withheld from the public in such a manner as to leave no discretion on 

the issue”; or another statute “establishes particular criteria for withholding or refers 

to particular types of matters to be withheld” (5 USC 552 (b) and 383 DM 15, 5.5) 

For example, under the Indian Mineral Development Act of 1982 (IMDA), 25 USC 

2103(c), agencies must withhold “[the Secretary’s written] findings [approving or 

disapproving a minerals agreement] and all projections, studies, data or other 

information possessed by the Department of the Interior regarding the terms and 

conditions of the Minerals Agreement, the financial return to the Indian parties 

thereto, or the extent, nature, value or disposition of the Indian mineral resources, or 

the production, products or proceeds thereof . . . as privileged proprietary 

information of the affected Indian or Indian tribe.” Note that this provision of the 

IMDA only protects information related to a specific Minerals Agreement; it generally 

does not protect all Indian minerals information the Department holds. 

There must be an approved Minerals Agreement in place for the specific Indian 

mineral resources to protect information concerning “the extent, nature, value or 

disposition of the Indian mineral resources, or the production, products or proceeds 

thereof.” If there is no approved Minerals Agreement applicable to a particular 

reservoir or deposit, then information concerning that reservoir or deposit is not 

protected by the IMDA, and therefore not by FOIA Exemption 3. 

FOIA Exemption 4 

Agencies must withhold (1) “trade secrets” and (2) “commercial or financial 

information obtained from a person [including a tribe, a corporation, an individual, a 

state] as privileged or confidential” (5 USC 552(b)(4) and 383 DM 15). The Trade 

Secrets Act prevents agencies from divulging trade secrets, financial data, and 

related information (18 USC 1905). It operates with FOIA Exemption 4 and carries 

severe penalties for agency employees who release covered information. (See 

discussion of Exemption 4 below under “Maintaining Commercial or Financial 

Information.”) Also see Executive Order 12600, Pre-disclosure Notification 

Procedures for Confidential Commercial Information. 

FOIA Exemption 5 

Agencies may withhold privileged interagency or intra-agency memoranda or letters 

that would not be available by law to a party in litigation with the DOI (5 USC 552 

(b)(5)). Under the exemption, agencies may withhold pre-decisional, deliberative 

documents; attorney work product (during or in anticipation of litigation); attorneyclient communications; and government commercial information (383 DM 15, 5.7). 

FOIA Exemption 6 

Agencies may withhold “personnel and medical files and similar files, the disclosure 

of which would constitute a clearly unwarranted invasion of personal privacy” (5 USC 

552 (b)(6)). 

Page E-4 
Attachment E 

Information Sharing by BIA, BLM, IEED, ONRR, OSM, and OST 

FOIA Exemption 9 

Agencies may withhold geological and geophysical information concerning wells 

(5 USC 552 (b)(9)). The exemption includes “geological and geophysical 

information and data (including maps) concerning wells and has been invoked to 

withhold well logs and maps, seismic reports, and other exploratory findings of oil 

companies. The exemption applies to wells broadly, including oil wells, natural gas 

wells, and water wells” (383 DM 15, 5.11). 

DOI FOIA Regulations (43 CFR Part 2, Appendix F) also contain Special Rules 

Governing Certain Information Concerning Coal Obtained under the Mineral Leasing 

Act (30 USC 201(b)) or the Mineral Leasing Act for Acquired Lands (30 USC 351-360).” 

Reading rooms/web sites 

Agencies’ physical and electronic reading rooms are covered under FOIA (5 USC 

552(a)(2), 43 CFR Part 2, and 383 DM 15, 1.7 and 1.8). 

In addition to copies of required records on their FOIA home pages (including frequently 

requested FOIA records), agencies may, at their discretion, make other records 

available for inspection and copying in reading rooms or on their Internet home pages 

(43 CFR Part 2.4(c)(1)(iv) and 383 DM 15,1.7(A) and 1.7 (C)). Before making records 

available for public inspection in those locations, agencies must determine whether any 

information in the records should be withheld from public release under a FOIA 

exemption and make any necessary redactions, carefully considering the interests of 

the Government and commercial entities, the personal privacy of individuals, and any 

potential security implications that might be impacted by disclosure (43 CFR Part 

2.4(c)(2)) and 383 DM 15, 1.8 (B)). If information is deleted from a record prior to 

placing it in a physical or electronic reading room, the agency will indicate the volume of 

information that has been deleted on the document and the exemption(s) used to 

withhold it (43 CFR Part 2.4(c)(1)(iv) and 383 DM 15, 1.8 (B)(1)). 

Agencies have determined that they may post certain “aggregated” information on their 

respective web sites; e.g., total number of leases and total volume of oil produced, 

which does not identify submitters, personally identifiable information, specific locations, 

terms of specific leases or any information that may be withheld under a FOIA 

exemption or may not be released to a third party under the Privacy Act. 

Maintaining “Privileged Proprietary Information” or 

“Commercial or Financial Information that is Privileged or 

Confidential” 

In general, agencies rely on FOIA exemptions to determine information that may be or 

is required to be withheld from disclosure. FOIA does not provide an exemption 

Page E-5 
 

Attachment E 

Information Sharing by BIA, BLM, IEED, ONRR, OSM, and OST 

specifying “privileged proprietary information.” However, see FOIA Exemption 4 – 

“commercial or financial information that is privileged or confidential.” 

Under FOIA Exemption 3, agencies must withhold information for which another statute 

forbids disclosure (an “Exemption 3 statute”). To be an Exemption 3 statute, a statute 

must “require that the matters be withheld from the public in such a manner as to leave 

no discretion on the issue”; or “establish particular criteria for withholding or refer to 

particular types of matters to be withheld” (5 USC 552(b)(3) and 383 DM 15, 5.5). As 

discussed above, the IMDA may, in certain circumstances, be such a statute. 

Records may be “commercial” if the submitter [defined as a “person” above] has a 

“commercial interest” in them. Also, in general, whether information is “commercial or 

financial” is based on whether disclosure of such information could adversely affect the 

submitter’s ability to negotiate, or jeopardize its commercial interests, or reveal 

information about its ongoing operations (Department of Justice FOIA Guide, 2009). 

Information from a submitter is not “commercial or financial” under Exemption 4 merely 

because it may be labeled as “proprietary and confidential” (Department of Justice FOIA 

Guide, 2009). An agency’s “promise that information would not be released” is not 

determinative (Department of Justice FOIA Guide, 2009). 

In general, a determination of whether commercial or financial information is confidential 

is based on whether the submitter was required to provide the information or submitted 

the information voluntarily (383 DM 15, 5.6(C)(2)(c)). 

If the submitter was required to submit the information and the agency receiving the 

information exercised the authority to require the information, then confidentiality is 

determined by whether disclosure of the information is likely to “impair the 

Government’s ability to obtain necessary information in the future” or “to cause 

substantial harm to the competitive position of the person from whom the information 

was obtained” or “harm an identifiable private or governmental interest; e.g., impair the 

effectiveness of a Government program or agency compliance” (383 DM 15, 5.6 

(C)(2)(c)(ii)(A-C)). If one of these tests is met, then the commercial or financial 

information that was required to be submitted is confidential and exempt from 

disclosure. 

If the submitter provided information voluntarily, then the information is confidential and 

protected if the submitter does not customarily disclose it to the public (383 DM 15, 

5.6(C)(2)(c)(i)). Commercial or financial information that courts have found to be 

properly withheld under Exemption 4 include: 

1. Commercial or financial information received in confidence in connection with 

bids, contracts or proposals [examples not included here]; 

2. Scientific and manufacturing processes or developments containing technical or 

scientific data submitted with an application or report while research is in 

progress; 

Page E-6 
Attachment E 

Information Sharing by BIA, BLM, IEED, ONRR, OSM, and OST 

3. Some solid mineral information, such as production data and royalty statistics; 

and 

4. Geophysical information—location of oil and gas wells, drilling plans, exploration 

data, geologic reports, maps, etc.; and financial information maintained on Indian 

tribes (383 DM 15, 5.6 (H)(1-5)). 

Data and information sharing among agencies 

DOI agencies may share data and information in the performance of their duties. Such 

exchanges of data or information are not governed by FOIA. 

Before any agency releases or otherwise makes available another agency’s data, they 

must first collaborate with the originating agency to ensure that the intended purpose of 

the information release is consistent with the original purpose of the data. 

Any shared information should not contain personally identifiable information (PII). 

The Office of Management and Budget (OMB) defines personally identifiable 

information as “any information about an individual maintained by an agency, including, 

but not limited to education, financial transactions, medical history, and criminal or 

employment history and information which can be used to distinguish or trace an 

individual’s identity, such as their name, social security number, date and place of birth, 

mother’s maiden name, biometric records, etc., including any other personal information 

which is linked or linkable to an individual (OMB Memorandum M-06-19). 

Information sharing with Tribes and States under FOGRMA 

Under the Federal Oil and Gas Royalty Management Act, Public Law 97-451 

(FOGRMA), ONRR enters into cooperative agreements with any State or Indian tribe to 

share certain information for oil and gas management on leases on Federal land within 

states and on Indian lands with the tribe that has jurisdiction of the lands. In entering 

into a “cooperative agreement or agreements with . . . [an] Indian tribe to share oil or 

gas royalty management information, to carry out inspections, auditing, investigation or 

enforcement (not including the collection of royalties, civil or criminal penalties or other 

payments) activities under this Act in cooperation with the Secretary, and to carry out 

any other activity described in section 108 of this Act, . . . The Secretary shall not enter 

into any such cooperative agreement with a State with respect to such activities on 

Indian lands, except with the permission of the Indian tribe involved. Except as 

provided in section 203, and pursuant to a cooperative agreement: 

(1) each State shall, upon request, have access to all royalty accounting information 

in the possession of the Secretary respecting the production, removal, or sale of 

oil or gas from leases on Federal lands within the State; and 

Page E-7 
Attachment E 

Information Sharing by BIA, BLM, IEED, ONRR, OSM, and OST 

(2) each Indian tribe shall, upon request, have access to all royalty accounting 

information in the possession of the Secretary respecting the production, 

removal, or sale of oil or gas from leases on Indian lands under the jurisdiction of 

such tribe.”(Section 202). 

In addition, under FOGRMA, upon written request of any State, the Secretary is 

authorized to delegate, in accordance with the provisions of this section, all or part of 

the authorities and responsibilities of the Secretary under this Act to conduct 

inspections, audits, and investigations to any State with respect to all Federal lands or 

Indian lands within the State; except that the Secretary may not undertake such a 

delegation with respect to any Indian lands, except with the permission of the Indian 

tribe or allottee involved. (Section 205) 

Trade secrets, proprietary, and other confidential information shall be made available by 

the Secretary, to a State or Indian tribe upon request only when a FOGRMA 

cooperative agreement exists and contains the following terms: 

(1) such State or Indian tribe consents in writing to restrict the dissemination of the 

information to those who are directly involved in an audit or investigation under 

this Act and who have a need to know; 

(2) such State or tribe accepts liability for wrongful disclosure; 

(3) in the case of a State, such State demonstrates that such information is essential 

to the conduct of an audit or investigation or to litigation under section 204; and 

(4) in the case of an Indian tribe, such tribe demonstrates that such information is 

essential to the conduct of an audit or investigation and waives sovereign 

immunity by express consent for wrongful disclosure by such tribe (Section 203). 

A FOGRMA cooperative agreement which contain these terms must be in place before 

an authorized release may occur to a State or Indian tribe. 

Where there is no FOGRMA cooperative agreement in place, or there is an agreement 

without these terms, a State’s or tribe’s trade secrets, including proprietary and other 

confidential information related to oil and gas royalty accounting, is protected from 

unauthorized disclosure under FOIA Exemption 4. 

Page E-8 
Onshore Energy and 

Mineral Lease 

Management 

Interagency SOP 

Attachment F 

BIA/BLM/ONRR Responsibilities 

and Procedures for IMDA 
Attachment F 

BIA/BLM/ONRR Responsibilities 

and Procedures for IMDA 

The Department of the Interior (DOI) and its mineral agencies share Indian trust 

responsibilities under the Indian Mineral Development Act (IMDA) of 1982 to provide 

advice, technical assistance, and oversight during the operation and maintenance of a 

tribal IMDA agreement (Agreement). Before making a decision, DOI is responsible for 

providing a written “best interest” determination to the tribes addressing the Agreement. 

This best interest determination is to consider the Agreement’s economic return to the 

tribe, and its environmental, social and cultural effects on the tribe. 

A Tribe may submit an Agreement to the Secretary, and approval or disapproval will be 

in accordance with the time frames established at 25 CFR Part 225.22. The time 

frames established in these regulations begin when the Secretary judges the proposed 

agreement as complete. Once the Secretary approves an Agreement, the roles and 

responsibilities of the BIA, BLM, IEED, ONRR, and OST continue in much the same 

way as other Indian minerals leases are managed by DOI (as outlined in this SOP and 

attachments A and C), except as described below. 

The DOI encourages tribes to work with DOI before, during, and after negotiating 

Agreements with private industry. A tribe should seek DOI participation as early as 

possible. It is the intent of DOI to inform the tribe of any potential problems with the 

Agreement before the tribe finalizes the terms and while negotiations are in progress. 

Although the tribe plays a pivotal in negotiating mineral exploitation agreements, DOI 

retains its trust responsibility and must provide advice and assistance to ensure 

compliance with statutes and regulations. 

BLM basic responsibilities include: 

1. Carrying out all operational activities within the context of the lease/agreement in 

accordance with the 43 CFR operational regulations and this SOP (as 

applicable). 

2. Supporting all ONRR activities (not just audit activities). 

3. Providing technical advice and assistance to BIA on non-operational provisions, 

upon request. 

4. Managing all BLM activities contained in this SOP not covered by preceding 

items 1 through 3. 

IEED basic responsibilities include: 

1. Taking the coordinating lead in the review of the IMDA Agreement, and 

convening a review committee. 

2. Compiling findings that form the basis for Departmental decision-making on the 

IMDA, and distributing findings to appropriate agencies. 

Page F-2 
Attachment F 

BIA/BLM/ONRR Responsibilities and Procedures for IMDA 

BIA basic responsibilities include: 

1. Approving IMDA Agreements after consultation with other agencies. 

2. Oversight responsibilities for lease management as defined in this SOP, 

Attachments A and C. 

3. Oversight for all unique IMDA provisions not otherwise outlined in this SOP. 

ONRR basic responsibilities include: 

1. Conducting compliance and accounting activities, including reporting and 

payment requirements, once a mineral lease enters production status. 

2. Performing product valuation determinations. 

3. Verifying processing and transportation allowances. 

Tribal basic responsibilities include: 

1. Negotiating IMDA Agreements. 

2. Collecting tribal taxes and other non-trust payments. 

3. Enforcement of employment provisions. 

The IMDA Process 

Leasing 

1. Although it is not mandatory, DOI encourages a pre-filing consultation between 

proponents of the Agreement and AS-IA. The purpose of a pre-filing consultation 

is to ensure that the Agreement conforms to the IMDA’s regulatory requirements, 

thereby enhancing the prospects for approval of the Agreement. Coordination by 

BIA Regional and Agency offices with other involved bureaus may be necessary. 

2. The tribe must file the executed Agreement, together with a copy of the 

resolution of endorsement from the tribal governing body, with the BIA 

Agency/Regional office, which will forward a copy to the IEED. Formal filing of 

the Agreement by the tribe must include the tribal resolution. 

Receipt of the copy of the COMPLETE Agreement at the BIA 

Regional Office triggers the 180-day time frame. 

3. The IEED takes the coordinating lead in the review of the Agreement by sending 

copies to the relevant Department agencies with stated timely deadlines for a 

response, and by convening a review committee (including representatives from 

Page F-3 
 

Attachment F 

BIA/BLM/ONRR Responsibilities and Procedures for IMDA 

BIA, BLM, IEED, and ONRR). For BLM, the State office involved is the 

appropriate point of contact. 

4. BIA is responsible for NEPA compliance. 

5. IEED provides an economic assessment of the Agreement to determine fair 

market value of the minerals proposed for development. 

6. Compiled responses from the review committee form the basis for Departmental 

decision-making on the Agreement. IEED distributes compiled responses to the 

appropriate agencies. 

7. Upon completion of the environmental and economic assessment, BIA prepares 

"findings" based on the reviews. 

At least 30 days prior to formal approval/disapproval of the 

Agreement, the Secretary shall provide the affected Indian mineral 

owner(s) with a document of “best interest” findings that forms 

the basis for the approval/disapproval decision. This document 

informs Indian mineral owner(s) of the DOI’s intention to approve 

or disapprove the Agreement. 

8. The designated official of BIA may approve the Agreement at the end of the 

30-day review by the Indian mineral owner(s). However, only the Assistant 

Secretary for Indian Affairs has authorization to disapprove an Agreement. 

The approving officer will provided copies of the approved Agreement and 

associated findings document to the agencies affected. 

9. IEED will convene a post-approval meeting for the Agreement among the 

affected agencies. This meeting will foster a clear understanding of roles and 

responsibilities within each agency with respect to any special/unique provisions 

contained in the Agreement, and facilitate any coordination needed during postapproval operations. 

Operations 

1. BLM will handle post-approval operational activities in accordance with 

operations regulations contained in 43 CFR that pertain to the particular mineral 

being developed. All operational regulations, orders, and NTL's apply. 

2. Inspection and enforcement will be conducted by BLM in accordance with 

operations regulations contained in 43 CFR that pertain to the particular mineral 

being developed. The BIA may issue notices of noncompliance for violation of 

terms and conditions of the Agreement, other than those enforced by BLM and 

ONRR, and impose its own penalty provisions. 

Page F-4 
Attachment F 

BIA/BLM/ONRR Responsibilities and Procedures for IMDA 

3. ONRR will handle post-approval accounting, compliance, and auditing activities 

in accordance with regulations contained in 25 and 30 CFR that pertain to the 

particular mineral being developed. 

Page F-5 
Onshore Energy and 

Mineral Lease 

Management Interagency 

SOP 

Attachment G 

Responsibilities and Procedures of 

BIA, BLM, and OSM 

for Coal Leasing and Mining 

Operations on Indian Lands 
 

 

Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

TABLE OF CONTENTS 

DEFINITIONS AND ACRONYMS .................................................................... G-iv 

INTRODUCTION ............................................................................................. G-vii 

I ACTIONS BEFORE ISSUANCE OF A BIA-APPROVED 

LEASE OR MINERALS AGREEMENT ...................................................G-1 

II ACTIONS AND APPROVALS AFTER ISSUANCE OF A 

A Applications and actions not related to rights granted 

B Exploration operations under a BIA-approved 

III ACTIONS AFTER SMCRA PERMIT AND MINING PLAN 

IV ABANDONMENT OF OPERATIONS, RELEASE OF SMCRA 

PERFORMANCE BOND, AND TERMINATION OF A 

A Receive and transmit the operator’s application 

to abandon operations required under 

B Arrange for initial interagency abandonment 

C Evaluate the proposed abandonment plan required 

D Conduct an interim inspection of the records and area 

within the minerals agreement or lease and determine 

A Exploration operations under a Prospecting Permit........................G-1 

B Minerals Agreement or lease issuance...........................................G-2 

BIA-APPROVED MINERALS AGREEMENT OR LEASE .......................G-3 

by the Minerals Agreement or lease ...............................................G-3 

Minerals Agreement or lease ..........................................................G-4 

C SMCRA permit issuance and Mining Plan approval .......................G-5 

APPROVALS..........................................................................................G-8 

A Changes to SMCRA Permit/PAP and/or Mining Plan .....................G-8 

B Exploration operations – SMCRA permit area................................G-9 

C Inspection and enforcement ...........................................................G-9 

MINERALS AGREEMENT OR LEASE .................................................G-11 

25 CFR Parts 216 and 225 ..........................................................G-11 

inspection required under 25 CFR Parts 216 and 225..................G-11 

under 25 CFR Parts 216 and 225 .................................................G-11 

if the coal production requirements have been met ......................G-11 

G - ii 
 

Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

TABLE OF CONTENTS 

E Approve abandonment of operations required under 

25 CFR Parts 216 and 225 ...........................................................G-11 

F Receive operator’s application for release of SMCRA 

reclamation and performance bond (or phase of bond) ................G-12 

G For SMCRA performance bond, conduct joint 

inspection of the permit area ........................................................G-12 

H After operator’s public notice of release of SMCRA 

performance bond, receive comments/objections, hold 

public hearings and/or conferences on proposed 

release of SMCRA performance bond ..........................................G-12 

I Approve or disapprove application for release of 

SMCRA performance bond ..........................................................G-12 

J Receive operator’s application for termination of 

minerals agreement or lease and release of minerals 

agreement or lease performance bond ........................................G-12 

K Approve or disapprove application(s) for termination 

of minerals agreement or lease, and release the 

minerals agreement or lease performance bond ..........................G-13 

ADMINISTRATION..........................................................................................G-14 

G - iii 
 

Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

DEFINITIONS AND ACRONYMS 

Allotted Land Land owned by the United States in trust for an individual Indian 

or land owned by an individual Indian subject to a restriction on 

alienation 

Applicant Any person, operator, proprietorship, partnership, corporation, or 

business association seeking a prospecting permit, lease, 

minerals agreement, contract, or mining permit/mining plan 

approval 

Authorized officer Any employee of the Bureau of Land Management authorized by 

law or by lawful delegation of authority to perform the duties 

described in 25 CFR Parts 211 and 225 and in 43 CFR 

Part 3480 

BIA United States Bureau of Indian Affairs 

BLM United States Bureau of Land Management 

Exploration Plan A detailed plan developed in accordance with 25 CFR Part 216 

submitted to and approved by BLM under a prospecting permit 

or minerals agreement approved by BIA in accordance with 

25 CFR Parts 211, 212, and 225 

Indian Lands (as 

defined within 

SMCRA) 

All lands, including mineral interests, within the exterior 

boundaries of any Federal Indian reservation, notwithstanding 

the issuance of any patent, and including rights-of-way, and all 

lands including mineral interests held in trust for or supervised 

by an Indian tribe 

Indian Mineral Owner (1) Any individual Indian or Alaska native person who owns land 

or mineral interests in land the title to which is held in trust by the 

United States or is subject to a restriction against alienation 

imposed by the United States, or (2) Any Indian tribe, band, 

native, pueblo, community, rancheria, colony, or other group that 

owns land or mineral interest in land the title to which is held in 

trust by the United States or is subject to a restriction against 

alienation imposed by the United States. This definition does 

not include owners of lands patented to a village or regional 

corporation pursuant to the Alaska Native Claims Settlement 

Act, P.L. 92-203 

G - iv 
 

Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

DEFINITIONS AND ACRONYMS 

Indian Surface 

Owner 

(1) Any individual Indian or Alaska native person who owns an 

interest in the surface estate of land the title to which is held in 

trust by the United States or is subject to a restriction against 

alienation imposed by the United States, or (2) any Indian tribe, 

band, native, pueblo, community, rancheria, colony, or other 

group that owns an interest in the surface estate of land the title 

to which is held in trust by the United States or is subject to a 

restriction against alienation imposed by the United States. This 

definition does not include owners of lands patented to a village 

or regional corporation pursuant to the Alaska Native Claims 

Settlement Act, P.L. 92-203 

Lease Any contract, approved by the Secretary of the Interior under the 

Act of March 3, 1909 (35 Stat. 783)(25 U.S.C. 396), as 

amended, or the Act of May 11, 1938 (52 Stat. 347) (25 U.S.C. 

396a–396g), as amended, that authorize exploration for, 

extraction of, or removal of any minerals 

Minerals Agreement Any joint venture, operating, production sharing, service, 

managerial, lease (other than a lease entered into pursuant to 

the Act of May 11, 1938, or the Act of March 3, 1909), contract, 

or other minerals agreement; or any amendment, supplement or 

other modification of such minerals agreement, providing for the 

exploration for, or extraction, processing, or other development 

of minerals in which an Indian mineral owner owns a beneficial 

or restricted interest, or providing for the sale or other disposition 

of the production or products of such minerals 

Minerals agreement 

area or lease area 

The area within the scope of a minerals agreement or lease 

Minerals agreement 

performance bond or 

lease performance 

bond 

A bond approved in consultation with BLM and administered by 

BIA by which a permittee or operator assures faithful 

performance of all the provisions of a BIA-approved minerals 

agreement, lease, or prospecting permit as set forth in 25 CFR 

Parts 211, 212, 216, or 225 

Mining Plan The complete plan submitted to BLM relating to the 

development, production, and recovery of coal resources as 

required by 25 CFR Parts 216 and 225, and minerals agreement 

or lease provisions. This is the same mining plan referred to as 

item 3 in the definition of Permit Application Package below 

Mining Supervisor As used in 25 CFR Part 216 this term means the authorized 

officer or his designee of the BLM. (In 25 CFR Parts 211, 212, 

and 225, the term “authorized officer” is used for the same 

official, rather than “mining supervisor”) 

G - v 
 

Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

DEFINITIONS AND ACRONYMS 

NEPA National Environmental Policy Act of 1969, as amended 

Operator (Contractor) A person, proprietorship, partnership, corporation, or business 

association which is authorized to conduct exploration or mining 

activities on Indian lands 

OSM United States Office of Surface Mining Reclamation and 

Enforcement 

Permit Application 

Package (PAP) 

A proposal, submitted to OSM by an applicant, to conduct 

surface coal mining and reclamation operations on Indian lands 

and includes: (l) an application for a SMCRA permit, SMCRA 

permit revision, or SMCRA permit renewal; (2) all the information 

required by the SMCRA regulations under 30 CFR Part 750; (3) 

the mining plan or mining plan modifications required under 25 

CFR Parts 216 and 225; (4) all the information required by 

minerals agreement provisions; and, (5) all information required 

by other applicable laws and regulations 

Prospecting Permit An authorization in accordance with 25 CFR Parts 211.56 or 

212.56, to conduct coal exploration activities upon Indian lands 

prior to BIA approval of a lease or minerals agreement 

Regional Director Bureau of Indian Affairs Official in charge of a regional office 

SMCRA Surface Mining Control and Reclamation Act of 1977 (PL 95-87), 

as amended 

SMCRA Performance 

Bond 

A bond approved and administered by OSM by which an 

operator or contractor assures faithful performance of all the 

reclamation and/or environmental protection requirements of the 

minerals agreement and approved SMCRA permit and other 

environmental requirements as set forth in 30 CFR Part 750 

SMCRA Permit Area That area specifically approved by OSM within which surface 

coal mining and reclamation operations on Indian lands are 

conducted pursuant to 30 CFR Part 750 

TRA Tribal Regulatory Authority that regulates surface coal mining 

and reclamation operations on tribal lands pursuant to a Tribal 

Program approved by the Secretary of the Interior under 

SMCRA 

G - vi 
 

Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

INTRODUCTION 

This Attachment to the Onshore Energy and Mineral Lease Management Interagency 

Standard Operating Procedures (SOP) describes the responsibilities and procedures for 

cooperation and coordination among the Bureau of Indian Affairs (BIA), the Bureau of 

Land Management (BLM), and the Office of Surface Mining Reclamation and 

Enforcement (OSM) for coal leasing and mining operations on Indian lands in the United 

States. It replaces the MOU signed in 2002 by the Assistant Secretary, Land and 

Minerals Management, Assistant Secretary, Indian Affairs, Deputy Commissioner, 

Indian Affairs, Director, Bureau of Land Management, and Director, Office of Surface 

Mining, entitled "Memorandum of Understanding, BIA-BLM-OSM, Management of Coal 

Mining on Indian Lands." This Attachment provides a reference framework and 

procedural arrangements by which the BIA, BLM, and OSM will carry out their functions 

and responsibilities that must be coordinated for effective and efficient coal leasing and 

mining operations on Indian lands (see definition). 

The responsibilities and procedures described herein recognize: (1) the role of Indian 

tribes as coal owners and governing entities having basic authorities and responsibilities 

for the development and administration of Indian resource programs; 

(2) the lead role of the BIA representing the Secretary in the Federal-Indian trust 

relationship and in consultation with the Indian mineral owners; (3) BLM's authority to 

administer operational aspects of exploration, development, and production on Indian 

lands; and (4) OSM’s role as the regulatory authority with respect to the conduct of 

surface coal mining and reclamation operations. The SOP also recognizes that Indian 

tribes may exercise OSM’s role as a regulatory authority under a tribal program 

approved by the Secretary pursuant to the Surface Mining Control and Reclamation Act 

of 1977 (SMCRA). 

This Attachment does not specifically address all the notifications, coordination, and 

consultation that must take place between each specific agency and the tribal 

governments and Indian mineral or surface owners. Each agency, in accordance with 

its regulations, policies, and internal procedures, conducts such activities. The 

framework of responsibilities and procedures set forth are those that would normally 

occur on Indian lands within a reservation boundary. Outside a reservation boundary, 

the complex patterns of Indian and non-Indian ownership of surface and/or mineral 

rights may require some modifications of the standard procedures set forth in this 

Attachment. These unusual or unique situations will be resolved on a case-by-case 

basis according to the general principles set forth in this Attachment. 

The responsibilities and procedures described herein will be supplemented and 

amended as legislation, court rulings, and modified regulations may require, and as 

Indian mineral owners become more involved in the Indian coal management program. 

G - vii 
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

I. ACTIONS BEFORE ISSUANCE OF A BIA-APPROVED LEASE OR MINERALS AGREEMENT I.A Exploration operations under a Prospecting Permit OSM and the TRA have no regulatory role but may rec

be collected that would be required in the permit applicor cumulative hydrologic impact assessment in associmining activities. 

I.A.1 Provide technical assistance to Indian mineral owner in preparation of prospecting permit 

J J O BLM 

OSM 

BIA normally receives the prospecting permit applicati

assistance from the Indian mineral owner(s). BIA provapplication to BLM and OSM of the action within 30 darequest or application. 

I.A.2 Provide compliance with NEPA requirements 

S O O BLM Upon request, BLM and OSM will assist BIA. 

I.A.3 Approve or disapprove prospecting permit 

S O O BIA may consult as appropriate with BLM prior to perm

establishes performance bond for prospecting permit acopies of the prospecting permit within 30 days of app

I.A.4 Provide assistance to the mineral owner in evaluating exploration plans 

J J O BLM will assist BIA. 

I.A.5 Approve or disapprove the exploration plan 

O F O BIA 

OSM 

BLM consults with BIA before approving the exploratio

I.A.6 Provide regulatory oversight of exploration operations 

O F O BLM consults with BIA about activities related to surfa

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

I.A.7 Issue Notice of Noncompliance should operator fail to comply with the terms or conditions of an approved Exploration Plan 

O F O BLM issues notice and reinspects after the time provid

noncompliance. BLM notifies BIA and the Indian mineof Noncompliance. 

I.A.8 Issue Notice of Noncompliance should operator fail to comply with the terms or conditions of an approved Prospecting Permit 

F O O BIA issues notice and reinspects after the time provide

noncompliance. BIA notifies BLM and the Indian mineof Noncompliance. BLM may provide technical assistathese Notices of Noncompliance. 

I.A.9 Approve abandonment of exploration operations 

O F O BIA 

OSM 

Consults with BIA before approval. 

I.A.10 Terminate prospecting permit and release performance bond for prospecting permit 

F O O BLM 

OSM 

Consults with BLM before termination. 

I.B Minerals Agreement or lease Issuance The Indian mineral owner and the applicant will enter i

agreement, subject to approval by BIA. 

I.B.1 IMDA Agreements Also see Attachment F, “BLM/BIA/ONRR Responsibili

IMDA.” 

I.B.1.a Technical Assistance J J J All BIA, BLM, and OSM will provide technical assistance, 

expertise, to the mineral owner during mineral owner nminerals agreement under IMDA. Assistance can be pthe course of negotiating, evaluating, and preparing m

terms, stipulations, and conditions. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

1.B.1.b Document Review F O O BLM 

OSM 

BIA will coordinate the review of the draft agreement f

within the 180 day time-frame established in the regulawill provide an evaluation, consistent with their expertiavailable resources, of the negotiated terms of the agrreview is needed in order for the Secretary to make an determination of whether to approve the draft minerals 

inherently Federal function. 

I.B.2 Appraisals/ Bond Recommendations 

O F O BIA BLM provides appraisal information and bond recomm

leases under the 1909 and 1938 leasing acts. 

I.B.3 NEPA Compliance F O O BIA will be the lead agency in the preparation of requir

BLM and OSM may be cooperating agencies. 

I.B.4 Approve or disapprove the IMDA minerals agreement or lease 

S O O BLM 

OSM 

Copies provided upon approval. 

II. ACTIONS AND APPROVALS AFTER ISSUANCE OF A BIA-APPROVED MINERALS AGREEMENT OR LEASE II.A Applications and actions not related to rights granted by the Minerals Agreement or lease 

BIA processes applications on Indian lands overlying I

a minerals agreement or lease, for uses not related to (e.g., grazing, timbering, rights of way, sand and grave

II.A.1 Applications distributed for comment 

F O O BLM 

OSM 

TRA 

Copies will be distributed within 30 calendar days of reOSM for comment. 

II.A.2 Approve or disapprove the application F O O BLM OSM 

TRA 

BLM and TRA/OSM provide recommendations to BIA with surface coal mining and reclamation operations wof the application. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

II.B Exploration operations under a BIA-approved Minerals Agreement or lease II.B.1 Receive the exploration plan from the applicant 

O S O BIA 

OSM 

TRA 

Additional exploration work under a minerals agreemeconducted under an exploration plan approved by BLMhas been issued, responsibilities and procedures are tsection III.B Exploration operations – SMCRA permit 

II.B.2 Request interagency participation O F O If requested, TRA/OSM identifies special data that cou

PAP. BIA makes recommendations after consultation individual Indian mineral and surface owners. 

II.B.3 Conduct a field examination of the area of the exploration plan 

J J O BLM notifies BIA and TRA/OSM of the time and place 

examination. 

II.B.4 Prepare required NEPA documents. 

O F O BIA and TRA/OSM cooperate in the preparation of doc

NEPA. 

II.B.5 Approve, disapprove or conditionally approve the exploration plan 

O F O BIA 

OSM 

TRA 

BLM consults with BIA prior to approval or disapprova

II.B.6 Supervise exploration and reclamation operations under the approved plan 

O F O BIA and TRA/OSM will assist upon request. BLM mak

under the approved plan available to BIA and Indian mgeological data a secondary office of control will be esnecessary. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

II.B.7 Conduct final abandonment inspection(s) of the area of exploration operations 

J J O BIA and Indian mineral owner participate in the final in

recommendations as required. 

II.B.8 Approve reclamation of the area of exploration operations 

O F O BIA 

OSM 

TRA 

BLM will advise BIA of BLM's intent to accept the recla

Within 60 days, BIA will respond with any concerns rereclamation activities. BLM will notify BIA and the opereclamation. 

II.B.9 Approve abandonment of area of exploration operations 

O F O BIA 

OSM 

TRA 

BLM approves abandonment of operations in consultaIndian mineral owner. 

II.C SMCRA permit issuance and Mining Plan approval II.C.1 Receive PAP which includes the mining plan from operator 

O O S BIA 

BLM 

TRA 

TRA/OSM transmits copies to BIA, BLM and Indian mnotifies Indian surface owners of receipt of the PAP. 

II.C.2 Identify principals responsible for interagency coordination and cooperation 

J J J BIA, BLM, and TRA/OSM will identify a principal as po

responsible for interagency cooperation and notify the 

calendar days of receipt of the PAP. 

II.C.3 Review the SMCRA permit application for administrative completeness 

O O S TRA/OSM will determine the administrative completen

permit application. 

II.C.4 Interagency PAP conference(s) 

O O F Upon request, an interagency (BIA-BLM-OSM/TRA) c

held and shall include the tribe. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

II.C.5 Notify applicant of deficiencies in administrative completeness 

O O S BIA 

BLM 

TRA/OSM will provide copies of any deficiency letters 

and other Federal agencies. 

II.C.6 Receive, distribute and review applicant's submittals in response to administrative completeness deficiencies 

O O S BIA 

BLM 

TRA/OSM will send copies of notification to BIA, BLM, 

II.C.7 Issue notice of administrative completeness of the SMCRA permit application to applicant 

O O F TRA/OSM will issue the notice of administrative comp

applicant within 30 days of the determination. 

II.C 8 Conduct a technical review of the SMCRA permit application for compliance with SMCRA requirements 

O O F BIA, BLM, the tribe, and other Federal agencies will re

provide comments to TRA/OSM within 30 calendar dapermit application being determined administratively c

II.C.9 Notify applicant of specific technical deficiencies 

O O S BIA 

BLM 

Include appropriate deficiencies identified by BIA, BLMFederal agencies. 

II.C.10 Receive, distribute, and review applicant's response to technical deficiencies 

O O F BIA 

BLM 

BIA, BLM, the tribe, and other Federal agencies will re

response and provide comments to TRA/OSM within 3

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

II.C.11 Assure compliance with O J J TRA/OSM and BLM will be cooperating agencies durin

NEPA requirements for the NEPA documents. BLM will have lead responsibility f

mining plan and SMCRA permit coal resource recovery and protection, and TRA/OSM application decisions by BLM responsibility for issues related to SMCRA-related rec

and OSM, respectively mining land use issues. II.C.12 Conduct technical review O F O BLM consults with BIA, the tribe, and TRA/OSM during 

of the mining plan that addresses to approval of the mining plan. BIA and the tribe provicoal development, production, recommendations to BLM within 45 calendar days of rresource recovery and protection plan. TRA/OSM provides comments and recommenda

concerning SMCRA requirements pertaining to the min

II.C.13 Issue written notification O S O BIA BLM provides BIA, Indian mineral owners, TRA/OSM 

to applicant to approve, OSM agencies with copies of the decision. BIA notifies Indidisapprove, or conditionally TRA the decision. 

approve the mining plan II.C.14 Issue written notification to applicant of the completion of the technical review stage and approve, disapprove, or conditionally approve the SMCRA permit application 

O O S BIA 

BLM 

TRA/OSM furnishes copies of notification to BIA, BLMowners, and other Federal agencies. BIA notifies IndiTRA/OSM’s decision on the permit application occurs on the mining plan. 

II.C.15 Issue an SMCRA permit O O S BIA 

BLM 

TRA/OSM provides copies of permit, decision documedocumentation to BIA, BLM, the tribe, and other Feder

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

III. ACTIONS AFTER SMCRA PERMIT AND MINING PLAN APPROVALS III.A Changes to SMCRA Permit/PAP and/or Mining Plan III.A.1 In accordance with O F O BIA BLM receives and processes the modifications. BLM 

25 CFR Part 216, BLM initiates OSM proposed modification to BIA, TRA/OSM, the tribe and and or receives mining plan TRA agencies. BIA, TRA/OSM, the tribe, and other Federa

modifications and approves, within 30 days with comments and/or concerns. If a redisapproves or conditionally permit is necessary, and the operator has not submitteapproves these applications advise the operator. Joint site visits will be conducted 

appropriate. On occasion, BLM may determine that fiecircumstances require an expedited review and a decimodification. BLM will immediately contact the BIA, T(by phone or fax) to make appropriate arrangements. BLM will make every attempt to ensure that the other bbriefed and involved and as follow-up will provide all p

the written decision and documentation. 

III.A.2 In accordance with O O F BIA TRA/OSM receives and processes the applications an

30 CFR Part 750, OSM initiates BLM application to BIA, BLM, the tribe, and other Federal a

revisions and/or receives the tribe, and other Federal agencies will respond withapplications for SMCRA permit comments and/or concerns. If a modification to the mrenewal, revision, transfer, sale necessary, and the operator has not submitted one, Bor assignment and approves, operator. Joint site visits will be conducted by the buredisapproves or conditionally appropriate. On occasion, TRA/OSM may determine t

approves these applications other circumstances require an expedited review and a 

revision application and will immediately contact the B(by phone or fax) to make appropriate arrangements. TRA/OSM will make every attempt to ensure that the oproperly briefed and involved and as follow-up will procopy of the written decision and documentation. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

III.B Exploration operations – SMCRA permit area III.B.1 Exploration within an SMCRA permit area 

O O F Exploration operations are conducted as approved in t

III.B.2 Approval of Exploration Plans outside as SMCRA permit area 

O F O Exploration Plans for operations outside a SMCRA pe

by BLM in consultation with BIA and TRA/OSM. Procesection I.A Exploration operations under a ProspectinExploration operations under a BIA-approved Minerals as appropriate. 

III.C Inspection and enforcement III.C.1 Monitor, inspect and enforce SMCRA and SMCRA permit requirements for surface effects and reclamation requirements 

O O S BIA 

BLM 

TRA/OSM informs BIA, BLM, and the tribe of scheduleinvites participation. Participation by these bureaus is 

III.C.2 Monitor, inspect and enforce mining plan requirements for coal development, production and resource recovery 

O S O BIA 

OSM 

TRA 

BLM informs BIA, the tribe, and TRA/OSM of scheduleinvites participation. Participation by these bureaus is 

III.C.3 Monitor and enforce minerals agreement or lease terms, conditions, and stipulations not related to mining plan or SMCRA permit 

S O O BLM 

OSM 

TRA 

BIA retains surface management jurisdiction over the minerals agreement or lease. BIA invites participation TRA/OSM in inspections conducted by BIA in the minelease area. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

III.C.4 Notify cooperating bureaus of violations or potential violations of SMCRA permit, mining plan, minerals agreement lease, or surface use and provide copies of reports of inspection and enforcement 

J J J BIA 

BLM 

OSM 

TRA 

BIA, BLM, and TRA/OSM as a result of monitoring and notifies the other(s) of violations or problems germane 

bureau’s sphere of responsibility and provides inspect

reports to the other bureaus, TRA, if any, and the India

III.C.5 Issue to operators notices of violation, cessation orders, and orders to show cause; and assess civil penalties required by SMCRA and SMCRA permits 

O O S BIA 

BLM 

TRA/OSM provides BIA, the tribe, and BLM with copieand penalty actions (including notices of proposed assassessment conference reports). 

III.C.6 Issue notice to operators of noncompliance with mining plan or minerals agreement terms, conditions, and stipulations 

J J O BIA 

OSM 

TRA 

BLM notifies BIA of noncompliance or potential noncoapproved mining plan; BIA serves notice of noncompliand provides copies of notification of noncompliance tNotices of noncompliance originating with BIA are servconsultation with BLM and Indian mineral owner. 

III.C.7 After the issuance of a notice of noncompliance with an approved mining plan, lease, or minerals agreement terms, conditions, and stipulations; take appropriate action up to and including suspension of operations. 

J J O BIA 

OSM 

TRA 

BLM provides notification and copies of action(s) taken documentation to BIA and TRA/OSM. BIA assesses pincluding cancellation of the minerals agreement or leaand TRA/OSM copies of the decision, action taken andocumentation. Only BLM issues orders of suspensionconditions exist. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

IV. ABANDONMENT OF OPERATIONS, RELEASE OF SMCRA PERFORMANCE BOND, AND TERMINATION OF A MAGREEMENT OR LEASE IV.A Receive and transmit the operator's application to abandon operations required under 25 CFR Parts 216 and 225 

O F O BIA 

OSM 

TRA 

BLM provides copies of the abandonment plan to BIA, owners, and TRA/OSM within 30 calendar days of recIndian surface owners. 

IV.B Arrange for initial interagency abandonment inspection required under 25 CFR Parts 216 and 225 

O F O BLM arranges for participation of BIA, TRA/OSM, and 

owner(s) in the abandonment inspection. 

IV.C Evaluate the proposed abandonment plan required under 25 CFR Parts 216 and 225 

O F O After consultation with Indian mineral/surface owners, 

recommendations to BLM. BLM evaluates coal resouprotection of any remaining coal against the standards plan. 

IV.D Conduct an interim inspection of the records and area within the minerals agreement or lease and determine if the coal production requirements have been met 

O F O BIA 

OSM 

TRA 

BLM provides BIA, TRA/OSM, and the Indian mineral notification that the operator has complied with the proof the agreement or lease. 

IV.E Approve abandonment of operations required under 25 CFR Parts 216 and 225 

O F O BIA 

OSM 

TRA 

After interim inspection and consultation with BIA and owner, BLM certifies that the coal has been removed aapproved plan. BLM notifies the operator, BIA, Indian TRA/OSM of approval. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

IV.F Receive operator's application for release of SMCRA reclamation performance bond (or phase of bond) 

O O S BIA 

BLM 

TRA/OSM will provide copies within 30 days. 

IV.G For SMCRA performance bond, conduct joint inspection of the permit area 

O O F TRA/OSM arranges for joint inspection in cooperation 

BLM, tribal and surface owners. BIA notifies the individ

owners. 

IV.H After operator's public notice of release of SMCRA performance bond, receive comments/objections, hold public hearings and/or conferences on proposed release of SMCRA performance bond 

O O F BIA and BLM will provide comments to TRA/OSM with

last publication of the bond release notice; BIA, after cIndian mineral/surface owners, notifies TRA/OSM of o

with requirements for protection of non-coal resources post-mining land use; BIA and BLM should participate meeting(s). 

IV.I Approve or disapprove O O S BIA TRA/OSM notifies BIA, the tribe, and BLM of remedial 

application for release of BLM and BLM will comment within 10 calendar days on rem

SMCRA performance bond taken. TRA/OSM notifies BIA, the tribe, and BLM of fi

reclamation performance bond within 30 calendar day

IV.J Receive operator's application for termination of minerals agreement or lease and release of minerals agreement or lease performance bond 

S O O BLM 

OSM 

TRA 

BIA provides copies of application to BLM, Indian mineTRA/OSM within 30 calendar days of receipt. 

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ACTIVITY BIA BLM 

TRA/ 

OSM 

Dist. 

to REMARKS 

IV.K Approve or disapprove application(s) for termination of minerals agreement or lease, and release the minerals agreement or lease performance bond 

S O O BLM 

OSM 

TRA 

After notification by TRA/OSM that the affected lands satisfactorily reclaimed, and after notification by BLM trequirements are satisfied, BIA approves termination oagreement and release of minerals agreement performnotifies BLM, Indian mineral owner, and TRA/OSM of 30 calendar days of termination of the minerals agreem

F Responsible for final action after normally-occurring consultation with other agencies and/or Indian mineral/su

J Joint (shared) responsibility for the specified action or procedure (concurrence required). 

O Responsible in a consulting, contributory, or supporting (cooperative) role, but no direct or final responsibility 

specified procedures or action. 

S Sole responsibility for the action. No consultation is required. 

TRA/OSM TRA is responsible, if it assumed primacy over the duty under an approved tribal program; otherwise, OSM w
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ADMINISTRATION 

These responsibilities and procedures clarify the roles of the BIA, BLM, and OSM with 

respect to applicable regulations (25 CFR Parts 200, 211, 212, 216, and 225; 30 CFR 

Part 750), 303 DM 2, and Secretarial Order No. 3087, "Organizational Restructuring of 

the Department of the Interior Minerals Management Functions" for purposes of coal 

leasing and mining operations on Indian lands. In the event of a conflict, the regulations 

or any authorities cited in any permit, lease, contract, or minerals agreement shall 

prevail over these responsibilities and procedures. 

1. BIA will be the point of contact with the operator and others for all actions not 

related to the SMCRA permit or mining plan which may include, but not be limited 

to, the minerals agreement, lease, minerals agreement, or lease performance 

bond, grazing permits, rights-of-way, existing structures, sale or assignment of 

lease, etc. 

2. BLM will provide the normal point of contact for the operator and all others for 

coal development, production, and resource recovery (mining plan) as outlined in 

25 CFR Parts 211, 212, 216, 225; 43 CFR Part 3400S; 30 CFR Part 750, and in 

minerals agreement or lease terms and conditions related to the mining plan. 

3. OSM or the TRA will provide the normal point of contact for the operator and all 

others for PAP submittal, review, and approval; for the environmental aspects of 

the PAP as outlined in 30 CFR Part 750; and for compliance with the approved 

SMCRA permit. 

4. The BIA, BLM, and OSM will assume joint and continuing responsibility for the 

interagency information exchange and appropriate communication necessary to 

the discharge of their individual and collective responsibilities in the management 

of the mining of coal on Indian lands. To this end, the agencies will: 

a. Hold examinations or meetings with applicants, operators, contractors, Indian 

mineral owners, Indian surface owners, and other involved parties to discuss 

problems, stipulations, conditions, working agreements, and other items of 

common concern. Each agency will notify the other(s) of such examination 

and/or meetings and invite participation to the extent appropriate and 

reasonable. 

b. Immediately notify the other agencies of any Tribal Program approvals by 

OSM, and agreements or Indian self-determination contracts negotiated to 

perform any responsibilities outlined in this SOP, pursuant to the Indian SelfDetermination Act (Public Law 93-638). Such notification shall specifically 

identify the responsibilities identified in this Attachment that would be affected 

by the Tribal Program, agreements, or self-determination contracts and 

G-14 
Attachment G 

Responsibilities and Procedures of BIA, BLM, and OSM for 

Coal Leasing and Mining Operations on Indian Lands 

ADMINISTRATION 

delineate the effects on these responsibilities. Notification procedures shall 

be the same for modifications to or terminations of any existing Tribal 

Programs, agreements or self-determination contracts. The other parties shall 

adjust their coordination activities to facilitate the terms of these Tribal 

Programs and agreements. Since these Tribal Programs and agreements 

are subject to change periodically and the ultimate responsibilities remain with 

the Federal agencies, no modifications of this Attachment shall result from 

these Tribal Programs and agreements. 

G-15 
Onshore Energy and 

Mineral Lease 

Management Interagency 

SOP 

Attachment H 

Responsibilities and Procedures 

for Renewable Energy Resource 

Development on Indian Lands 
 

Attachment H 

Responsibilities and Procedures for Renewable Energy 

Resource Development on Indian Lands 

Interaction between DOI agencies concerning the development of renewable energy 

resources in Indian country depends on the type of resource proposed for development. 

Renewable Energy Resource Development Using Geothermal Resources 

(see Attachment A) 

The Geothermal Steam Act of 1970 (30 USC 1001 et seq.), as amended, requires the 

U.S. Department of the Interior (DOI) to establish rules and regulations for the leasing of 

geothermal resources on lands managed by federal agencies. 

Regulations addressing the leasing of geothermal resources, issued by the Bureau of 

Land Management (BLM), are available at 43 CFR Part 3200. In addition, under the 

authority of the Indian Mineral Leasing Act of 1938 (25 USC 396a-g), which provides for 

leasing of minerals on tribal lands with DOI approval, and the Indian Mineral 

Development Act of 1982 (25 USC 2101 et seq.), which provides for tribes to enter into 

energy development agreements with DOI approval, the Bureau of Indian Affairs (BIA) 

has issued regulations relevant to geothermal energy development. 

In 25 CFR Part 211 (regulations under the IMLA) and Part 225 (regulations under the 

IMDA), the definition for geothermal resources is 

1. All products of geothermal processes, including indigenous steam, hot water, and 

hot brines; 

2. Steam and other gases, hot water, and hot brines, resulting from water, gas, or 

other fluids artificially introduced into geothermal formations; 

3. Heat or other associated energy found in geothermal formations; and 

4. Any byproduct derived therefrom. 

For development purposes, therefore, leases or agreements that involve geothermal 

energy resources on tribal lands are treated the same as leases or agreements 

involving fluid minerals, and would be handled as are other fluid minerals in 

Attachment A of this SOP. 

Renewable Energy Resource Development other than Geothermal 

The development of wind, solar, and biomass resources for the production of electricity 

is largely a matter of surface land use. Developers may approach tribes with proposals 

that require some combination of business agreement for terms and conditions (e.g., 

duration, operations and maintenance, ownership, etc.) under 25 USC sec. 81 or 

sec. 415, and lease for siting of electric generation facilities under 25 USC sec. 415, 

and/or right-of-way agreement for construction and maintenance access as well as 

transmission corridors under 25 USC sec. 323 et seq. 

H-1 
Attachment H 

Responsibilities and Procedures for Renewable Energy 

Resource Development on Indian Lands 

In these cases on Indian land, the necessary agency review and approval processes lie 

wholly with the BIA because neither BLM nor ONRR has any authority under the 

relevant statutes. However, BIA should provide notice of any review and subsequent 

approvals of these types of renewable energy projects to BLM and ONRR so those 

agencies can indicate any potential impacts to federal resources or federally-approved 

projects. 

As with other land leases and right-of-way agreements, OST may be involved in the 

accounting for and distribution of revenue under agreements that gain BIA approval, 

and therefore should receive notice when such agreements are under consideration. 

For development of hydropower resources that incorporate electric power generation 

technologies into existing hydropower infrastructure, BIA should ensure that the existing 

management authorities are given timely notice and involved in the discussions about 

proposed projects, so that there is no compromise of existing functionality and that there 

is a comprehensive evaluation of the potential impacts of long-term, cooperative use of 

these facilities. 

H-2