Title 30, Mineral Lands and MiningRelease 119-102

§229 Preference Right to Permits or Leases of Claimants of Lands Bona Fide Entered as Agricultural Land; Terms and Conditions

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

Last updated Aug 21, 2026|Official source

Summary

If someone entered land as farm land in good faith, and it was not withdrawn or declared mineral when entered, and it is not part of a railroad grant, then the person who got the patent (or people they transferred it to before January 1, 1918) gets the first chance to get a permit and a lease if minerals are later found. Holders of such entries inside an area no larger than a township may join their pieces together for one joint application, but the combined area cannot be more than 2,560 acres. Any lease under this rule that covers only those farm-entered lands must pay a royalty of at least 12.5% on the parts of the permit that are not included in the discovery lease the permittee is entitled to under section 223.

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In the case of lands bona fide entered as agricultural, and not withdrawn or classified as mineral at the time of entry, but not including lands claimed under any railroad grant, the entryman or patentee, or assigns, where assignment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 30, Mineral Lands and Mining

Last Updated

Aug 21, 2026

Release point: 119-102