43 C.F.R. § 3161.2

Responsibility of the authorized officer

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The authorized officer is authorized and directed to approve unitization, communitization, gas storage and other contractual agreements for Federal lands; to assess compensatory royalty; to approve suspensions of operations or production, or both; to issue NTL's: to approve and monitor other operator proposals for drilling, development or production of oil and gas; to perform administrative reviews; to impose monetary assessments or penalties; to provide technical information and advice relative to oil and gas development and operations on Federal and Indian lands; to enter into cooperative agreements with States, Federal agencies and Indian tribes relative to oil and gas development and operations; to approve, inspect and regulate the operations that are subject to the regulations in this part; to require compliance with lease terms, with the regulations in this title and all other applicable regulations promulgated under the cited laws; and to require that all operations be conducted in a manner which protects other natural resources and the environmental quality, protects life and property and results in the maximum ultimate recovery of oil and gas with minimum waste and with minimum adverse effect on the ultimate recovery of other mineral resources. The authorized officer may issue written or oral orders to govern specific lease operations. Any such oral orders shall be confirmed in writing by the authorized officer within 10 working days from issuance thereof. Before approving operations on leasehold, the authorized officer shall determine that the lease is in effect, that acceptable bond coverage has been provided and that the proposed plan of operations is sound both from a technical and environmental standpoint.

[48 FR 36584, Aug. 12, 1983, as amended at 52 FR 5391, Feb. 20, 1987; 53 FR 17362, May 16, 1988]

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1999–2025 · leading case: Anglers of the Au Sable v. United States Forest Serv., 565 F. Supp. 2d 812 (E.D. Mich. 2008).

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Anglers of the Au Sable v. United States Forest Serv., 565 F. Supp. 2d 812 (E.D. Mich. 2008). · cites it 6× “The plaintiffs allege that the defendants violated the MLA by contravening 43 C.F.R. § 3161.2 . However, this regulation is phrased in very general, perhaps aspirational, terms.”

Maralex Res., Inc. v. Barnhardt, 913 F.3d 1189 (10th Cir. 2019). “" 43 C.F.R. § 3161.2 . Further, the operating rights owner or operator of any such lease site on privately-owned land is required to "permit properly identified authorized representatives" of the BLM "to enter upon, travel across and inspect lease sites and records normally kept…”

Devon Energy Corp. v. United States, 45 Fed. Cl. 519 (Fed. Cl. 1999). “See 43 C.F.R. §§ 3161.2 , 3162.5-l(a)-(b) (1997).”

Birdbear v. United States (Fed. Cl. 2022). · cites it 3× “See 43 C.F.R. § 3161.2 (stating that BLM “is authorized and directed .”

BIRDBEAR v. United States (Fed. Cl. 2025). · cites it 2× “See 43 C.F.R. § 3161.2 (stating that BLM “is authorized and directed .”

Marker v. Dep't of the Interior Bureau of Land Mgmt. (D.N.M. 2022). “See 43 C.F.R. §§ 3161.2 , 3161.3, 3163.1(a)(2), 3163.”

Del-Rio Drilling Programs, Inc. v. United States, 46 Fed. Cl. 683 (Fed. Cl. 2000). “12 were incorporated, however, into the new 43 CFR § 3161.2 “Responsibility of the authorized officer.”

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