Title 30 — Mineral Lands and MiningRelease 119-73not60

§303 Conditions Precedent to Award of Lease; Preferred Class; Bidding

Title 30 › Chapter 5— LEASE OF OIL AND GAS DEPOSITS IN OR UNDER RAILROADS AND OTHER RIGHTS-OF-WAY › § 303

Last updated Apr 5, 2026|Official source

Summary

Before awarding a lease under section 301, the Secretary of the Interior must tell the owner or renter of land next to the right-of-way and give them a deadline to say what fee or percentage of the oil or gas (a royalty) they will accept for oil or gas taken through wells on their land from under the right-of-way. The railroad or right-of-way holder gets the same chance at the same time. If both make offers, the Secretary will give the extraction right to the qualified bidder whose offer he thinks is best for the United States. If only one offer is made after the notice, he may choose to award the right to that bidder.

Full Legal Text

Title 30, §303

Mineral Lands and Mining — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 303

Title 30 — Mineral Lands and Mining

Last Updated

Apr 5, 2026

Release point: 119-73not60