C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER C—MINERALS MANAGEMENT (3000) › PART 3160—ONSHORE OIL AND GAS OPERATIONS › Subpart 3161—Jurisdiction and Responsibility

43 C.F.R. § 3161.1

Jurisdiction

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(a) The regulations in this part apply to all operations conducted on:

(1) All Federal and Indian (except those of the Osage Tribe) onshore oil and gas leases;

(2) All onshore facility measurement points where Federal or Indian (except those of the Osage Tribe) oil or gas is measured;

(3) Indian Mineral Development Act agreements for oil and gas, unless specifically excluded in the agreement; and

(4) Leases and other business agreements for the development of tribal energy resources under a Tribal Energy Resource Agreement entered into with the Secretary, unless specifically excluded in the lease, other business agreement, or Tribal Energy Resource Agreement.

(b) The regulations in this part and 43 CFR part 3170, including subparts 3173, 3174, and 3175, relating to site security, measurement of oil and gas, reporting of production and operations, and assessments or penalties for non-compliance with such requirements, are applicable to all wells and facilities on State or privately owned lands committed to a unit or communitization agreement, which include Federal or Indian lease interests, notwithstanding any provision of a unit or communitization agreement to the contrary.

[81 FR 81419, Nov. 17, 2016]
Notes of Decisions
Cited in 5 cases, 1990–2019 · leading case: Norfolk Energy, Inc. v. Donald Hodel, Sec'y of the Interior of the United States, 898 F.2d 1435 (9th Cir. 1990).
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Norfolk Energy, Inc. v. Donald Hodel, Sec'y of the Interior of the United States, 898 F.2d 1435 (9th Cir. 1990). · cites it 3× “” 43 C.F.R. § 3161.1 (1984). The regulations in effect when BLM requested the schematic drawings did not specifically state whether BLM had authority to regulate nonfederal and non-Indian holdings within federally approved oil and gas units.”
Ute Mountain Ute Tribe v. Rodriguez, 660 F.3d 1177 (10th Cir. 2011). · cites it 2× “43 C.F.R. § 3161.1 (a). Generally speaking, the BLM has authority to do, among other actions, the following: 1) "to approve, inspect and regulate" oil and gas operations; 2) "to require compliance.”
Maralex Res., Inc. v. Barnhardt, 913 F.3d 1189 (10th Cir. 2019). · cites it 2× “To begin with, 43 C.F.R. § 3161.1 (b) states: The regulations in this part and 43 CFR part 3170, including subparts 3173, 3174, and 3175, relating to site security, measurement of oil and gas, reporting of production and operations, and assessments or penalties for…”
Maralex Res., Inc. v. Jewell, 301 F. Supp. 3d 976 (D. Colo. 2017). · cites it 2× “' " (AR at 479 (quoting 43 C.F.R. § 3161.1 (b) ).) There is no evidence that the BLM ever sought, or was granted, access to the O'Hares' property for any purpose other than to conduct these limited inspections.”
Ute Mountain Ute Tribe v. Homans, 775 F. Supp. 2d 1259 (D.N.M. 2009). “43 C.F.R. § 3161.1 (a). Generally speaking, the BLM has authority to do, among other actions, the following: 1) “to approve, inspect and regulate” oil and gas operations; 2) “to require compliance .”
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