Title 30Mineral Lands and MiningRelease 119-73

§226–1 Extension of noncompetitive oil or gas lease issued before September 2, 1960

Title 30 › Chapter CHAPTER 3A— - LEASES AND PROSPECTING PERMITS › Subchapter SUBCHAPTER IV— - OIL AND GAS › § 226–1

Last updated Apr 6, 2026|Official source

Summary

Gives the official lease owner one extension after the first five-year term for noncompetitive oil or gas leases issued before September 2, 1960, if the lease was kept under the rules. The extension only applies to land that is not withdrawn from leasing on the lease’s expiration. A land withdrawal does not stop an extension if actual drilling started before the withdrawal took effect and was being actively worked on when the lease expired. A withdrawal only counts 90 days after notice is sent by registered or certified mail to the affected leaseholder. If the land is outside the known geologic structure of a producing field, the extension is five years and then stays in effect as long as oil or gas is produced in paying quantities. If the land is inside the known structure, the extension is two years and then continues while production pays. To get an extension, the official owner or an assignee/operator whose paperwork is on file must apply within the 90 days before the lease ends. Any pre-September 2, 1960 lease where drilling began before the primary term ended and was being actively pursued is extended two years and then as long as it produces in paying quantities.

Full Legal Text

Title 30, §226–1

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Upon the expiration of the initial five-year term of any noncompetitive oil or gas lease which was issued prior to September 2, 1960, and which has been maintained in accordance with applicable statutory requirements and regulations, the record titleholder thereof shall be entitled to a single extension of the lease, unless then otherwise provided by law, for such lands covered by it as are not, on the expiration date of the lease, withdrawn from leasing. A withdrawal, however, shall not affect the right to an extension if actual drilling operations on such lands were commenced prior to the effective date of the withdrawal and were being diligently prosecuted on the expiration date of the lease. No withdrawal shall be effective within the meaning of this section until ninety days after notice thereof has been sent by registered or certified mail to each lessee to be affected by such withdrawal.
(b)As to lands not within the known geologic structure of a producing oil or gas field, a noncompetitive oil or gas lease to which this section is applicable shall be extended for a period of five years and so long thereafter as oil or gas is produced in paying quantities. As to lands within the known geologic structure of a producing oil or gas field, a noncompetitive lease to which this section is applicable shall be extended for a period of two years and so long thereafter as oil or gas is produced in paying quantities.
(c)Any noncompetitive oil or gas lease extended under this section shall be subject to the rules and regulations in force at the expiration of the initial five-year term of the lease. No extension shall be granted, however, unless within a period of ninety days prior to the expiration date of the lease an application therefor is filed by the record titleholder or an assignee whose assignment has been filed for approval or an operator whose operating agreement has been filed for approval.
(d)Any lease issued prior to September 2, 1960, which has been maintained in accordance with applicable statutory requirements and regulations and which pertains to land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for two years and so long thereafter as oil or gas is produced in paying quantities.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of Mineral Leasing Act Revision of 1960, and not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter.

Reference

Citations & Metadata

Citation

30 U.S.C. § 226–1

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73