-CITE-

30 USC CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR

UNDER RAILROADS AND OTHER RIGHTS-OF-WAY 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-HEAD-

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-MISC1-

Sec.

301. Authorization for lease of oil and gas deposits; by

and to whom leased.

302. Assignment of lease; subletting.

303. Conditions precedent to award of lease; preferred

class; bidding.

304. Provisions authorized in lease.

305. Royalties under lease.

306. Rules and regulations.

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30 USC Sec. 301 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-HEAD-

Sec. 301. Authorization for lease of oil and gas deposits; by and

to whom leased

-STATUTE-

Whenever the Secretary of the Interior shall deem it to be

consistent with the public interest he is authorized to lease

deposits of oil and gas in or under lands embraced in railroad or

other rights of way acquired under any law of the United States,

whether the same be a base fee or mere easement: Provided, That,

except as hereinafter authorized, no lease shall be executed

hereunder except to the municipality, corporation, firm,

association, or individual by whom such right of way was acquired,

or to the lawful successor, assignee, or transferee of such

municipality, corporation, firm, association, or individual.

-SOURCE-

(May 21, 1930, ch. 307, Sec. 1, 46 Stat. 373.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303 of this title.

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30 USC Sec. 302 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-HEAD-

Sec. 302. Assignment of lease; subletting

-STATUTE-

The right conferred by this chapter may, subject to the approval

of the Secretary of the Interior, be assigned or sublet by the

owner thereof to any corporation, firm, association, or individual.

-SOURCE-

(May 21, 1930, ch. 307, Sec. 2, 46 Stat. 373.)

-End-

-CITE-

30 USC Sec. 303 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-HEAD-

Sec. 303. Conditions precedent to award of lease; preferred class;

bidding

-STATUTE-

Prior to the award of any lease under section 301 of this title,

the Secretary of the Interior shall notify the owner or lessee of

adjoining lands and allow him a reasonable time, to be fixed in the

notice given, within which to submit an offer or bid of the amount

or percentage of compensatory royalty that such owner will agree to

pay for the extraction through wells on his or its adjoining land,

of the oil or gas under and from such adjoining right of way, and

at the same time afford the holder of the railroad or other right

of way a like opportunity within the same time to submit its bid or

offer as to the amount or percentage of royalty it will agree to

pay, if a lease for the extraction of the oil and gas deposits

under the right of way be awarded to the holder of such right of

way. In case of competing offers by the said parties in interest,

the Secretary shall award the right to extract the oil and gas to

the bidder, duly qualified, making the offer in his opinion most

advantageous to the United States. In case but one bid or offer is

received after notice duly given, he may, in his discretion, award

the right to extract the oil and gas to such bidder.

-SOURCE-

(May 21, 1930, ch. 307, Sec. 3, 46 Stat. 374.)

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30 USC Sec. 304 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-HEAD-

Sec. 304. Provisions authorized in lease

-STATUTE-

Any lease granted by the Secretary of the Interior pursuant to

this chapter may, in the discretion of said Secretary, contain a

provision giving the lessee the right, with the approval of said

Secretary, to shut down the operation of any well or wells the

operation of which has become unprofitable, to resume operations

when such resumption may result in profit, and to abandon any well

or wells that cease to produce oil and/or gas in paying quantities.

-SOURCE-

(May 21, 1930, ch. 307, Sec. 4, 46 Stat. 374.)

-End-

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30 USC Sec. 305 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-HEAD-

Sec. 305. Royalties under lease

-STATUTE-

The royalty to be paid to the United States under any lease to be

issued, or agreement made pursuant to this chapter, shall be

determined by the Secretary of the Interior, in no case to be less

than 12 1/2 per centum in amount or value of the production, nor

for more than twenty years: Provided, That when the oil or gas is

produced from land adjacent to the right of way the amount or value

of the royalty to be paid to the United States shall be within the

discretion of the Secretary of the Interior: Provided further, That

when the daily average production of any oil well does not exceed

ten barrels per day said Secretary may, in his discretion, reduce

the royalty on subsequent production.

-SOURCE-

(May 21, 1930, ch. 307, Sec. 5, 46 Stat. 374.)

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30 USC Sec. 306 01/06/03

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TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 5 - LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND

OTHER RIGHTS-OF-WAY

-HEAD-

Sec. 306. Rules and regulations

-STATUTE-

The Secretary of the Interior is authorized and directed to adopt

rules and regulations governing the exercise of the discretion and

authority conferred by this chapter, which rules and regulations

shall constitute a part of any application or lease hereunder.

-SOURCE-

(May 21, 1930, ch. 307, Sec. 6, 46 Stat. 374.)

-End-