Title 30Mineral Lands and MiningRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

People who lawfully entered farmland (that was not withdrawn or called mineral land when entered, and not part of a railroad grant) — the original entrant or patentee, and anyone they assigned the claim to before January 1, 1918 — who received a patent that kept the mineral rights, get a first right to a permit and to a lease if minerals are found. Within an area no larger than a township, those entrants, patentees, or assigns with restricted patents can join land together to apply, but the combined area cannot be more than 2,560 acres. Any lease covering only these entered lands must pay at least a 12½% royalty on parts of the permit not included in the discovery lease the permit holder is entitled to.

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In the case of lands bona fide entered as agricultural, and not withdrawn or classified as mineral at the time of entry, but not including lands claimed under any railroad grant, the entryman or patentee, or assigns, where assignment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 5, 2026

Release point: 119-73not60