Collapse to view only § 2883.11 - Who may not hold a grant or TUP?
- § 2883.10 - Who may hold a grant or TUP?
- § 2883.11 - Who may not hold a grant or TUP?
- § 2883.12 - How do I prove I am qualified to hold a grant or TUP?
- § 2883.13 - What happens if BLM issues me a grant or TUP and later determines that I am not qualified to hold it?
- § 2883.14 - What happens to my grant or TUP if I die?
§ 2883.10 - Who may hold a grant or TUP?
To hold a grant or TUP under these regulations, you must be:
(a)(1) A United States citizen, an association of such citizens, or a corporation, partnership, association, or similar business entity organized under the laws of the United States, or of any state therein; or
(2) A state or local government; and
(b) Financially and technically able to construct, operate, maintain, and terminate the proposed facilities.
§ 2883.11 - Who may not hold a grant or TUP?
Aliens may not acquire or hold any direct or indirect interest in grants or TUPs, except that they may own or control stock in corporations holding grants or TUPs if the laws of their country do not deny similar or like privileges to citizens of the United States.
§ 2883.12 - How do I prove I am qualified to hold a grant or TUP?
(a) If you are a private individual, BLM requires no proof of citizenship with your application;
(b) If you are a partnership, corporation, association, or other business entity, submit the following information, as applicable, in your application:
(1) Copies of the formal documents creating the business entity, such as articles of incorporation, and including the corporate bylaws;
(2) Evidence that the party signing the application has the authority to bind the applicant;
(3) The name, address, and citizenship of each participant (e.g., partner, associate, or other) in the business entity;
(4) The name, address, and citizenship of each shareholder owning 3 percent or more of each class of shares, and the number and percentage of any class of voting shares of the business entity which such shareholder is authorized to vote;
(5) The name and address of each affiliate of the business entity;
(6) The number of shares and the percentage of any class of voting stock owned by the business entity, directly or indirectly, in any affiliate controlled by the business entity; and
(7) The number of shares and the percentage of any class of voting stock owned by an affiliate, directly or indirectly, in the business entity controlled by the affiliate.
(c) If you have already supplied this information to BLM and the information remains accurate, you only need to reference the existing or previous BLM serial number under which it is filed.
§ 2883.13 - What happens if BLM issues me a grant or TUP and later determines that I am not qualified to hold it?
If BLM issues you a grant or TUP, and later determines that you are not qualified to hold it, BLM will terminate your grant or TUP under 30 U.S.C. 185(o). You may appeal this decision under § 2881.10 of this part.
§ 2883.14 - What happens to my grant or TUP if I die?
(a) If a grant or TUP holder dies, any inheritable interest in the grant or TUP will be distributed under State law.
(b) If the distributee of a grant or TUP is not qualified to hold a grant or TUP under § 2883.10 of this subpart, BLM will recognize the distributee as grant or TUP holder and allow the distributee to hold its interest in the grant or TUP for up to two years. During that period, the distributee must either become qualified or divest itself of the interest.