1
 So in original. Probably should be “royalty”.
schedule then in force and used for royalty determination for competitive leases issued pursuant to such section as determined by the Secretary:
2
 So in original. Probably should be “subsection”.
(c) are satisfied.
Editorial Notes
References in Text

The Mineral Leasing Act for Acquired Lands, referred to in subsec. (d)(1), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, which is classified generally to chapter 7 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 351 of this title and Tables.

Amendments

2022—Subsec. (d)(1). Pub. L. 117–169, § 50262(e)(2)(A), substituted “section 226(b) of this title” for “section 226(b) or (c) of this title”.

Subsec. (e)(2). Pub. L. 117–169, § 50262(e)(2)(B)(i), struck out “either” after “payment of back rentals and” and “or the inclusion in a reinstated lease issued pursuant to the provisions of section 226(c) of this title of a requirement that future rentals shall be at a rate not less than $5 per acre per year, all” before “as determined by the Secretary;”.

Pub. L. 117–169, § 50262(c)(2), substituted “$20” for “$10”.

Subsec. (e)(3). Pub. L. 117–169, § 50262(e)(2)(B)(ii), inserted “and” after semicolon at end, struck out subpar. (A) designation before “payment”, and struck out subpar. (B) which read as follows: “payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section 226(c) of this title of a requirement for future royalties at a rate not less than 20 percent: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the cancellation or termination of the original lease; and”.

Pub. L. 117–169, § 50262(a)(2), substituted “20” for “16⅔” in two places.

Subsec. (f). Pub. L. 117–169, § 50262(e)(2)(F), (G), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to issuance of noncompetitive oil and gas lease.

Subsec. (g). Pub. L. 117–169, § 50262(e)(2)(G), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Subsec. (g)(1). Pub. L. 117–169, § 50262(e)(2)(C)(i), substituted “in the same manner as the original lease issued pursuant to section 226 of this title” for “as a competitive or a noncompetitive oil and gas lease in the same manner as the original lease issued pursuant to section 226(b) or (c) of this title”.

Subsec. (g)(2) to (4). Pub. L. 117–169, § 50262(e)(2)(C)(ii)–(iv), redesignated pars. (3) and (4) as (2) and (3), respectively, substituted “except” for “applicable to leases issued under section 226(c) of this title except,” in par. (2), and struck out former par. (2) which read as follows: “Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be treated as a noncompetitive oil and gas lease issued pursuant to section 226(c) of this title.”

Subsec. (h). Pub. L. 117–169, § 50262(e)(2)(G), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).

Pub. L. 117–169, § 50262(e)(2)(D), substituted “subsection (d)” for “subsections (d) and (f) of this section”.

Subsec. (i). Pub. L. 117–169, § 50262(e)(2)(G), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).

Pub. L. 117–169, § 50262(e)(2)(E), substituted, in heading, “Royalty reduction in reinstated leases” for “Royalty reductions” and, in text, “In acting on a petition for reinstatement pursuant to subsection (d)” for “(1) In acting on a petition to issue a noncompetitive oil and gas lease, under subsection (f) of this section or in response to a request filed after issuance of such a lease, or both, the Secretary is authorized to reduce the royalty on such lease if in his judgment it is equitable to do so or the circumstances warrant such relief due to uneconomic or other circumstances which could cause undue hardship or premature termination of production.

“(2) In acting on a petition for reinstatement pursuant to subsection (d) of this section”.

Subsec. (j). Pub. L. 117–169, § 50262(e)(2)(G), redesignated subsec. (j) as (i).

2005—Subsec. (d)(2)(A), (B). Pub. L. 109–58 added subpars. (A) and (B) and struck out former subpars. (A) and (B), which related to reinstatement with respect to any lease that terminated under subsec. (b) of this section prior to Jan. 12, 1983, and reinstatement with respect to any lease that terminated under subsec. (b) of this section on or after Jan. 12, 1983.

1994—Subsec. (e). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House” in concluding provisions.

1990—Subsec. (g)(3), (4). Pub. L. 101–567 added pars. (3) and (4).

1987—Subsec. (b). Pub. L. 100–203, § 5104, amended first sentence generally. Prior to amendment, first sentence read as follows: “Any lease issued after August 21, 1935, under the provisions of section 226 of this title shall be subject to cancellation by the Secretary of the Interior after thirty days’ notice upon the failure of the lessee to comply with any of the provisions of the lease, unless or until the land covered by any such lease is known to contain valuable deposits of oil or gas.”

Subsec. (h). Pub. L. 100–203, § 5102(d)(2), substituted “section 226(m)” for “section 226(j)”.

1983—Subsecs. (d) to (j). Pub. L. 97–451 added subsecs. (d) to (i) and redesignated former subsec. (d) as (j).

1970—Subsec. (b). Pub. L. 91–245, § 1, inserted proviso authorizing continuance of a lease where timely paid rent is nominally deficient or miscalculated due to an error either in acreage figure stated in the lease, in any decision affecting the lease, or in a bill or decision rendered by the Secretary, except where a new lease was issued prior to May 12, 1970 or the lessee failed to pay the deficiency within the period allowed by the Secretary.

Subsec. (c). Pub. L. 91–245, § 2, inserted provisions allowing reinstatement of a lease despite a twenty-day delay in payment of rent, made the payment of back rental accruing from the date of termination of the lease a prerequisite to such reinstatement, restricted the Secretary’s power to issue a new lease on the lands covered by the terminated lease, gave the Secretary discretion to extend the term of a reinstated lease so as to afford the lessee a reasonable opportunity to continue operations under the lease, and struck out requirement that the petition for reinstatement of any lease terminated prior to Oct. 15, 1962 be filed within 180 days after Oct. 15, 1962.

1962—Pub. L. 87–822 designated existing pars. as subsecs. (a) and (b) and added subsecs. (c) and (d).

1954—Act July 29, 1954, provided for automatic termination of a lease on failure to pay rental on or before anniversary date of lease, for any lease on which there is no well capable of producing oil or gas in paying quantities.

1946—Act Aug. 8, 1946, principally added second par. relating to cancellation of leases by Secretary of the Interior.

Statutory Notes and Related Subsidiaries
Savings Provision

See note set out under section 181 of this title.

Reinstatement of Leases

Pub. L. 109–58, title III, § 371(a), Aug. 8, 2005, 119 Stat. 734, provided that:

“Notwithstanding section 31(d)(2)(B) of the Mineral Leasing Act (30 U.S.C. 188(d)(2)(B)) as in effect before the effective date of this section [probably means the date of enactment of Pub. L. 109–58, Aug. 8, 2005], and notwithstanding the amendment made by subsection (b) of this section [amending this section], the Secretary of the Interior may reinstate any oil and gas lease issued under that Act [30 U.S.C. 181 et seq.] that was terminated for failure of a lessee to pay the full amount of rental on or before the anniversary date of the lease, during the period beginning on September 1, 2001, and ending on June 30, 2004, if—

“(1)
not later than 120 days after the date of enactment of this Act [Aug. 8, 2005], the lessee—
“(A)
files a petition for reinstatement of the lease;
“(B)
complies with the conditions of section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)); and
“(C)
certifies that the lessee did not receive a notice of termination by the date that was 13 months before the date of termination; and
“(2)
the land is available for leasing.”

Authority for Issuance of Leases Unaffected by Reinstatement of Leases

Pub. L. 87–822, § 2, Oct. 15, 1962, 76 Stat. 943, provided that: “Nothing in this Act [amending this section] shall be construed as limiting the authority of the Secretary of the Interior to issue, during the periods in which petitions for reinstatement may be filed, oil and gas leases for any of the lands affected.”

Outer Continental Shelf; Cancellation of Leases

Cancellation of mineral leases on submerged lands of outer Continental Shelf, see sections 1334 and 1337 of Title 43, Public Lands.