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42 Cards in this Set
- Front
- Back
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4 Outcomes of Negotiations
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Persuasion (I win, you lose)- no more negotiations
Accommodation (I lose, you win)- unsuccessful Compromise (I lose, you lose)- usually no more deals Negotiations (I win, you win)- successful |
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5 Elements of Negotiations
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Goals/Drivers (have to know what everyone is thinking)
Risk (determine degree of risk) Exchange Info (info is power) Establish Communication (verbal/written communication) Needs (what does the other party need) |
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2-2-1 Negotiation Tactic
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2 eyes, 2 ears, 1 mouth
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9 Negotiation Tools
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Roles
Experience Deadlines Walkaway Empowerment Background Opening Proposal Relationships Terms |
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6 Negotiating Terms
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Power
Issues Nonverbal Behavior Tradeoffs Deadlock/Stalemate Concession |
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Ethic (Def.)
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Of or relating to moral action, conduct, motive or character
Treating of moral feelings, duties or conduct Containing precepts of morality Professionally right or befitting Conforming to professional standards of conduct |
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Fraud (Def.)
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Intentional pervasion of truth to induce another in reliance upon it to part with some valuable thing belonging to him or surrender a legal right
False representation of a matter of fact, by word or conduct or concealment intended to deceive another |
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Negotiate (Def.)
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To transact business
To bargain with another for a purchase and sale Conduct communication to reach an agreement Conversation in arranging terms of contract |
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Rider (Def.)
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Separately listed provision of OGL
Schedule or small piece of paper reflecting amendment/addition Can expand or restrict terms and conditions Prevents from rewriting entire document Take precedence over body of lease Cannot be attached to federal OGLS |
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Sundry Notice (Def.)
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BLM form to request changes to SUPO either during permitting or during any subsequent construction on existing structures after permitting
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Stipulations (Def.)
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Constraints consistent with rights under Federal OGL
Constitute significant restrictions on conduct of operations |
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Surface Lease (Def.)
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A lease on the surface of the land for grazing, agriculture, commercial or homesite purposes
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*4 Surface Use Limitations
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Reasonable use
Non-negligent operations Due regard for surface use Statutory limitations |
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7 Operator RIGHTS (Assuming No Special Provisions)
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Enter the surface
Construct roads and locations Select locations Determine timing Take a reasonable amount of water Conduct seismic operations Dispose of salt water |
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4 Operator CAN'TS
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Unreasonably interfere with preexisting surface activities
Negligently damage the surface Use excessive amount of surface Use excessive amount of water |
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*Granting Clause
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Sets forth rights to be enjoyed by lessee
Creates words of grant |
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Rights Under Granting Clause
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Investigate
Explore Prospect Drill and mine Produce minerals Conduct surveys Inject gas or water into subsurface Lay pipe Build roads Build tanks Build power stations Build telephone lines |
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Right to explore and develop minerals is ________________ and right to explore the surface is __________________
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Exclusive/non exclusive
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*4 Phases of Leasing and Development of Federal OGLs
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Planning and leasing
Permitting Drilling and production Surface reclamation |
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What is called where you can only use a reasonable amount of the surface?
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Accommodation Doctrine
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Where do you find competitive vs. noncompetitive federal lease terms?
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CFR
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What is APD?
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Application to Drill
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Who manages the surface for federal government?
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BLM
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*Name 3 things you need to identify a cultural resource?
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Human activity, occupation, use
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The Gold Book
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Provides operator guidance for insuring compliance with agency standards when exploring federal minerals on a private surface
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6 Components of APD Package
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APD form
Well platt Drilling plan SUPO Bond coverage Operator certification |
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3 Types of Stipulations
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No surface occupancy
Timing limitations Controlled surface use |
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Under TXHB 630 the operator has to notify the surface owner within _______ days of the permit being granted?
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15
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*NM SOPA
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Operator compensates surface owner for loss of ag production and income, lost land value, lost use of and access to land, lost value of improvements due to OG operations
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Right of Ways (Def.)
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Legal right of passage over public and private land
A right belonging to a party to pass over the surface of another |
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*5 Types of Right of Ways
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Fiber optic
Irrigation Pipeline Electric line Road |
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*Surface Damage Agreements
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Establishes rights and obligations
Establishes costs for a specified period of time |
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*3 Types of Surface Acreage in Texas
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Cropland (irrigated/non-irrigated)
Ranchland Timberland (found at recenter.tamu.edu/data) |
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NORM
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Naturally Occurring Radioactive Material
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Split Estate
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Different ownership between surface and minerals, minerals are dominant
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Under the Texas Surface Notification Act you have to notify ________________________________________ (phrase)
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The first person listed on the tax roll
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"Double Ditching" requires pipelines to be buried _______ inches instead of the traditional _______ inches.
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42/36
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TCEQ
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Texas Commission of Environmental Quality
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In the Texas Monthly Article the operator didn't... (2 things)
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Give notice or pay damages
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Under Mineral Classified Tracts the state and owner split ____/_____
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50/50
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Why wouldn't you want to use a 3rd party for saltwater disposal?
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Everyone who puts water in the ground is responsible for it and you can't tell whose it is once it's in there.
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6 Examples of Surface Leases
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Storage for equipment
Gas plants Office buildings Tank farms Airport sites Roadside advertising |
