(b) A lessee of an R, D and D lease must apply for the conversion of the R, D and D lease to a commercial lease no later than 90 calendar days after the commencement of production in commercial quantities. No specific form of application is required. The application for conversion must be filed in the BLM state office that issued the R, D and D lease. The conversion application must include:

1. (1) Documentation that there have been commercial quantities of oil shale produced from the lease, including the narrative required by the R, D and D leases;
2. (2) Documentation that the lessee consulted with state and local officials to develop a plan for mitigating the socioeconomic impacts of commercial development on communities and infrastructure;
3. (3) A bid payment no less than specified in § 3923.10 and equal to the FMV of the lease; and
4. (4) Bonding as required by § 3904.14 of this chapter.

(c) The lessee of an R, D and D lease has the exclusive right to acquire any and all portions of the preference right area designated in the R, D and D lease up to a total of 5,120 acres in the lease. The BLM will approve the conversion application, in whole or in part, if it determines that:

1. (1) There have been commercial quantities of shale oil produced from the lease;
2. (2) The bid payment for the lease met FMV;
3. (3) The lessee consulted with state and local officials to develop a plan for mitigating the socioeconomic impacts of commercial development on communities and infrastructure;
4. (4) The bond is consistent with § 3904.14 of this chapter; and
5. (5) Commercial scale operations can be conducted, subject to mitigation measures to be specified in stipulations or regulations, in a manner that complies with applicable law and regulation.