43 C.F.R. § 3284.3
What happens if the minimum initial unit obligations are not met?
(a) If the unit operator does not drill a well designed to produce or utilize geothermal resources in commercial quantities within the timeframe specified in the unit agreement, or the unit operator relinquishes the unit agreement before meeting the minimum initial unit obligations:
(1) BLM will deem the unit agreement void as though it was never in effect;
(2) BLM will deem any lease extension based upon the existence of the unit as void retroactive to the date the unit was effective; and
(3) Any lease segregations based on the unit become invalid.
(b) BLM will send the unit operator a written decision confirming that the unit agreement is void.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Pit River Tribe v. Bureau of Land Mgmt. (E.D. Cal. 2021).
Pit River Tribe v. Bureau of Land Mgmt. (E.D. Cal. 2021). “16 Additionally, they point to 43 C.F.R. § 3284.3 which states that 17 “if the unit operator does not drill a well designed to produce 18 or utilize geothermal resources in commercial quantities within 19 the timeframe specified in the unit agreement … BLM will deem 20 the unit…”
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