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The BLM administers the lease but the Forest Service has more direct involvement in the leasing process for lands it administers. The Act also establishes a requirement that all public lands that are available for oil and gas leasing be offered first by competitive leasing.
Oil and gas lessees retain royalties on all production from their lease. The mineral rights owners receive a royalty interest since drilling and production costs are not deducted from it. Most oil and gas royalty interests are expressed as fractions or percentages.
Negotiating an oil and gas lease will require some research upfront. If you're a landowner interested in working with an oil and gas company, you should explore their history and experience. You'll want to work with a reputable company that works in your best interests, holds a high standard, and maintains insurance.
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 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.
Search online database of new and updated oil and gas leases. Use Enverus analytics to focus search on specific geographies, lease dates and contract terms, production record and leasing costs.
Again, negotiating oil leases takes time. Don't Respond That You're Not Interested. ... Don't Rush to Hire a Lawyer. ... Don't Start Spending Money You Don't Yet Have. ... Don't Warrant the Mineral Title. ... Don't Lease Multiple Non-contiguous Tracts on One Lease Form. ... Don't Spout Off during Negotiating.