C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER C—MINERALS MANAGEMENT (3000) › PART 3130—OIL AND GAS LEASING: NATIONAL PETROLEUM RESERVE, ALASKA › Subpart 3131—Leasing Program

43 C.F.R. § 3131.3

Special stipulations

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Special stipulations shall be developed to the extent the authorized officer deems necessary and appropriate for mitigating reasonably foreseeable and significant adverse impacts on the surface resources. Special Areas stipulations for exploration or production shall be developed in accordance with section 104 of the Naval Petroleum Reserves Production Act of 1976. Any special stipulations and conditions shall be set forth in the notice of sale and shall be attached to and made a part of the lease, if issued. Additional stipulations needed to protect surface resources and special areas may be imposed at the time the surface use plan and permit to drill are approved.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2025 · leading case: Wilderness Soc'y v. Salazar, 603 F. Supp. 2d 52 (D.D.C. 2009).
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Wilderness Soc'y v. Salazar, 603 F. Supp. 2d 52 (D.D.C. 2009). “BLM, having issued leases permitting surface occupancy in the planning area, can attach stipulations to a lessee’s surface use plan or permit to drill under 43 C.F.R. § 3131.3 , but the leases do not reserve to the government the right to preclude all surface disturbing activity.”
Native Vill. of Nuiqsut v. Bureau of Land Mgmt. (D. Alaska 2020). “surface resources); 43 C.F.R. § 3131.3 (same); 43 C.F.R. § 3152.”
Sovereign Inupiat for a Living Arctic v. United States Bureau of Land Mgmt. (9th Cir. 2025). “§ 6506a(b); see also 43 C.F.R. §§ 3131.3 ; 3135.2(a). Beyond surface resource protection, the Act also designates certain “special areas,” including the TLSA, for which “[a]ny exploration .”
Wilderness Soc'y v. Babbitt (D.D.C. 2009). “5 BLM, having issued leases permitting surface occupancy in the planning area, can attach stipulations to a lessee’s surface use plan or permit to drill under 43 C.F.R. § 3131.3 , but the leases do not reserve to the government the right to preclude all surface disturbing…”
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