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A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.
As long as the lessee pays the annual rent, the lease remains in effect. This definite period of time is called the primary term. When a company fails to start production, the lease expires after the primary term. When the company starts drilling for oil and gas, the lease will remain in effect past the primary term.
U.S.C. § 188(d)-(e); 43 C.F.R. § 3108.2-3. BLM may reinstate an oil and gas lease when a lessee shows that the failure to pay timely ?was justified or not due to lack of reasonable diligence, or, no matter when the rental was paid, it is that such failure to timely pay was inadvertent.? 43 C.F.R.
The primary term on average is 3 years. Companies can add a 2-year extension if they wish. The company that executed the lease uses this time period to achieve drilling the well. Once that is completed, the secondary term begins and lasts for as long as the well is producing.
The BLM issues competitive leases for oil and gas exploration and development on lands owned or controlled by the Federal government.
Contact Central Records at ims@rrc.texas.gov or 512-463-6800.
At that point, your oil and gas lease is extended beyond the primary term into the secondary term and continues as long as the condition(s) for the existence of the secondary term occurs; e.g., ?and as much longer as oil and gas are produced,? meaning, in this example, that the secondary term will continue as long as ...
The memorandum of lease is a short form version of the oil and gas lease. The memorandum of lease is recorded. The full lease will not be recorded. You may also receive an addendum.