---
kind: "section"
citation: "43 C.F.R. § 3830.92"
title: "43"
number: "3830.92"
heading: "What special provisions apply to oil placer mining claims?"
url: "https://uscodex.org/cfr/43/3830.92"
---

# §3830.92. What special provisions apply to oil placer mining claims?

- (a) Under [30 U.S.C. 188(f)](/usc/30/188.md?p=f), you, as an oil placer mining claimant, may seek to convert an oil placer mining claim to a noncompetitive oil and gas lease under section 17(e) of the Mineral Leasing Act ([30 U.S.C. 226(e)](/usc/30/226.md?p=e)), if:
  - (1) The BLM declared your oil placer mining claim abandoned and void under [section 314](/cfr/43/314.md) of FLPMA;
  - (2) Your failure to comply with [section 314](/cfr/43/314.md) of FLPMA was inadvertent, justifiable, or not due to lack of reasonable diligence;
  - (3) You or your predecessors in interest validly located the unpatented oil placer mining claim before February 24, 1920;
  - (4) The claim has been or is currently producing or is capable of producing oil or gas; and
  - (5) **You have submitted a petition asking the BLM to issue a noncompetitive oil and gas lease.** Your petition must include the required rental and royalty payments, including back rental and royalty accruing from the statutory date of abandonment of the oil placer mining claim.
- (b) If the BLM chooses to issue a noncompetitive oil and gas lease, the lease will be effective from the statutory date the claim was deemed conclusively abandoned. See [43 CFR 3108.2-4](/cfr/43/3108.2-4.md) Conversion of unpatented oil placer mining claims: Class III reinstatements.

## Notes

### Amendments

[90 FR 42331, Sept. 2, 2025]

### Authority

Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. 22 et seq., 611; 31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1701 et seq.; 44 U.S.C. 3501 et seq.; 115 Stat. 414; 125 Stat. 786.

### Source

Source: 68 FR 61064, Oct. 24, 2003, unless otherwise noted.

### Amendments

[90 FR 42331, Sept. 2, 2025]