Title 30Mineral Lands and MiningRelease 119-73

§229 Preference right to permits or leases of claimants of lands bona fide entered as agricultural land; terms and conditions

Title 30 › Chapter CHAPTER 3A— - LEASES AND PROSPECTING PERMITS › Subchapter SUBCHAPTER IV— - OIL AND GAS › § 229

Last updated Apr 6, 2026|Official source

Summary

People who legally entered farmland that was not marked or set aside for minerals, and that was not part of any railroad grant, get first choice for a mineral permit and then a lease if minerals are later found. This applies when the land was later patented but the mineral rights were kept by the government. Buyers only qualify if the sale happened before January 1, 1918. Within an area no larger than a township, those people (or qualifying buyers) can join their parcels, up to 2,560 acres, to apply together. Any lease covering only these kinds of lands must pay a royalty of at least 12.5% for parts of the permit not covered by the permittee’s discovery lease under the law.

Full Legal Text

Title 30, §229

Mineral Lands and Mining — Source: USLM XML via OLRC

In the case of lands bona fide entered as agricultural, and not withdrawn or classified as mineral at the time of entry, but not including lands claimed under any railroad grant, the entryman or patentee, or assigns, where assignment was made prior to January 1, 1918, if the entry has been patented with the mineral right reserved, shall be entitled to a preference right to a permit and to a lease, as herein provided, in case of discovery; and within an area not greater than a township such entryman and patentees, or assigns holding restricted patents may combine their holdings, not to exceed two thousand five hundred and sixty acres for the purpose of making joint application. Leases executed under this section and embracing only lands so entered shall provide for the payment of a royalty of not less than 12½ per centum as to such areas within the permit as may not be included within the discovery lease to which the permittee is entitled under section 223 of this title.

Reference

Citations & Metadata

Citation

30 U.S.C. § 229

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73